Planning Commsission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
APRIL 10, 2003

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

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Name Address
Tom Gresham Shelburne News
Dave Marshall CEA/Shelburne Cliffs
Robert Rushford Shelburne Cliffs
Elizabeth Thomas Harbor Rd., Shelburne
Christian Thomas Harbor Rd., Shelburne
Dr. & Mrs. Reid Grayson Morgan Dr., Shelburne
Staige Davis So. Burlington/Shelburne Cliffs
Mark Neagley Heritage Dr., Shelburne
Chris Davis Meach Cove Trust
Mary Abele Meach Cove Trust
Andrea VanHoven Marsett Rd., Shelburne
Dick Reid Creekside, Shelburne
Bart Frisbee Boulder Hill
Lori Buxton Boulder Hill
David Wool Meach Cove Trust
Roberta Wool Meach Cove Trust
Andrew Rowe Boulder Hill
Bonnie Caldwell Boulder Hill

AGENDA: 1. Call to Order and Approval of Minutes of March 27, 2003
2. Sketch Plan Review, Meach Cove Real Estate Trust, 109 Colonel Fletcher Road (SUB03-06)
3. Final Plan Review, ABC/MRC, Inc./Sterling Construction, Inc., Webster Road (SUB01-6)
4. PRD Sketch Plan Review Continuance, Shelburne Cliffs Partnership/Benchmark Shelburne Senior Housing, LLC, 333 Morgan Drive (SUB03-05)
5. Other Business and Correspondence
6. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES
Rick Peterson, Chairman, called the meeting to order at 7:34 p.m.

Andrea VanHoven invited the Planning Commission to upcoming public meetings hosted by the Natural Resource Conservation Committee on the Open Space Plan. The Planning Commission and Selectboard will review the draft plan, and the Selectboard will adopt the final plan.

APPROVE MINUTES OF MARCH 27, 2003
MOTION by Fred Schmidt, SECOND by Hilda White, to approve the 3/27/03 minutes with the following correction:
Page 2, Applicant Comments, 1st paragraph - correct the spelling of “likely”.
VOTING: unanimous (7 -0); motion carried.

2. SKETCH PLAN REVIEW, MEACH COVE REAL ESTATE TRUST, 109 COLONEL FLETCHER ROAD (SUB03-06)
Dave Marshall, Mary Abele, and Chris Davis appeared on behalf of the application.

APPLICANT COMMENTS
Dave Marshall explained the compilation of houses on the site as a result of the former farm operation, and the ruling that a separate lot is needed in order to replace an existing house with a new house. The lot does not have frontage, but there will be an access easement to Bostwick Road. Mr. Marshall explained the plan to remove the five bedroom former Noonan house and build a new four-bedroom house on a five acre parcel. The issue of an easement for a bike/ped path was mentioned. Mr. Marshall noted with the Field of Dreams application, work was done with the bike/ped committee on locating a recreation path by the railroad tracks in order to allow access to the beach, but with the proposed five acre parcel and a private home, neither of which are near the beach, it would be an encumbrance on the lot to have the path. There was further discussion of the potential for a path corridor on the property. Mary Abele stated the Field of Dreams application may return, and the need for trails on the large parcel is known. Chris Davis added the property would not be able to exist without Field of Dreams and John and Mary Abele as a partner. If and when the application returns, the planning process will determine how to best use the land for everyone. The recent focus has been on building a house on the property for John and Mary Abele to meet their needs and to be part of the Field of Dreams. The subdivision of the property is required according to Shelburne zoning regulations.

Dave Marshall explained the selective tree removal on the east side of the proposed house. The trees on the highest point of the land will be retained as a backdrop.

STAFF REPORT
The Commission received a written staff report, dated April 10, 2003. Dean Pierce stated an extensive legal review of the subdivision matter was done, and the advice was that a separate lot must be created for the proposed house (one primary use per lot).

Chris Neme asked about the downside, if any, of planning for a path easement now. Chris Davis explained John and Mary Abele would like to have a conforming lot in order to build a house and live there, and that does not warrant providing a recreation path. When it is time for a fully integrated plan that takes into account all uses on the land, the paths will be considered, but right now it is premature. Mary Abele confirmed the need for the paths is known. It can be shown on a map where the paths will be located. Reg Gignoux felt that due to the pre-existing multiple use of the property, building (replacing) the house should be “grandfathered”. Rick Peterson summarized the applicant wants to build a house for themselves and it is an administrative requirement to subdivide the land. It is not anticipated another lot will be carved out of the parent parcel in the future, but a condition of approval ensuring no further subdivision could be drafted. Chairman Peterson also requested the applicant consider more thinking on the pathways, and possibly providing more information on the matter.

PUBLIC INPUT
Dick Reid, 173 Creekside, mentioned traffic on Bostwick Road and Limerick Road during construction. Chris Davis stated residents on the property had used Limerick Road until it got too muddy. The road is not built to support heavy use and will again be used this summer to access the agricultural land. Construction vehicles will come from the south and use Bostwick Road. The proper permits will be secured. Workers to the site will likely use Bostwick Road.

DELIBERATION/DECISION
Sketch Plan, Meach Cove Trust, 109 Colonel Fletcher Road (SUB03-06)
MOTION by Fred Schmidt, SECOND by Chris Neme, to grant sketch plan approval to Meach Cove Real Estate Trust for a proposal to subdivide an existing parcel into two lots, to remove an existing residential building, and to construct a new residence as shown on the plans submitted with the following conditions:
1. as requested by the Neighborhood Paths Committee, the applicant will provide information about potential path or trail easements on the parent parcel;
2. the applicant will provide information on the possibility of imposing a condition that Lot #4 will not be separately conveyed from Lot #2 as depicted on the subdivision plat.
VOTING: majority of nays (Gignoux, White, Kraushaar, LaPierre); motion does not carry.

MOTION by Hilda White, SECOND by Reg Gignoux, to grant sketch plan approval to Meach Cove Real Estate Trust for a proposal to subdivide an existing parcel into two lots, to remove an existing residential building, and to construct a new residence as shown on the plans submitted with the following condition:
1. the applicant will provide information on the possibility of imposing a condition that Lot #4 will not be separately conveyed from Lot #2 as depicted on the subdivision plat.
VOTING: all ayes except two nays (Schmidt, Neme); motion carried.

3. FINAL PLAN REVIEW, ABC/MRC, INC./STERLING CONSTRUCTION, INC., WEBSTER ROAD (SUB01-6) Bart Frisbee, Andy Rowe, Bonnie Caldwell, and Lori Buxton appeared on behalf of the application.

APPLICANT COMMENTS
Bart Frisbee stated the plan before the Commission is basically the same as the plan that received preliminary approval on 3/28/02. Act 250 approval will be granted to locate the houses on the south portion of the agricultural land once the $66,863 mitigation fee is paid. The Shelburne Selectboard approved the waiver of the recreation fee in exchange for 3,200 linear feet of bike path and the deeding to the town of approximately 32 acres of land on the north end of the property. Following discussions with the town, there will be a sewer line connecting to the sewer line in Stonegate Drive. As a result, the pump station is eliminated. Discussions are ongoing with the town regarding the ownership and maintenance of the stormwater detention pond in the long term. It may be that the town ends up owning and maintaining the pond, but the homeowners association will pay the maintenance cost until the town creates a stormwater utility, stated Mr. Frisbee. The town is responsible for the water quality of Monroe Brook which is where the water in the area drains, so it might make the most sense for the town to control the drainage from the detention pond. Mr. Frisbee stated a waiver of the lot coverage is requested to allow up to 25% coverage of the lot with improved infrastructure. There will be a 50’ strip of open land around the housing development. Tree cutting is restricted to down or dangerous trees. The land deeded to the town is restricted to recreational use (non-motorized vehicles only).

Andy Rowe explained the water drainage from Kwiniaska Golf Course to a culvert under Boulder Hill Drive across the Fisher property and eventually to Monroe Brook. Mr. Rowe also explained how impacts would be minimized with the construction of the sewer line through the class 3 wetlands across the Debrul property to Stonegate Drive.

STAFF REPORT
The Commission received a written staff report, dated April 10, 2003. Dean Pierce noted documentation (dated 2/10/03) from Sterling Construction has been received regarding Randy and Arlene Fisher’s position on the stormwater system as proposed. For risk management purposes, the Town Engineer advised having a letter substantiating the Fisher’s position. Rick Peterson asked if the Fisher’s engineer, Rick Hamlin, has reviewed the new plan. Bart Frisbee stated Mr. Hamlin finds the culvert acceptable, but it is the Fisher’s decision (on the culvert). The Fishers have indicated verbally that they do not want anything done on their land (it is fine the way it is), and they do not want to put anything in writing.

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

DELIBERATION/DECISION
Final Plan, ABC/MRC, Inc./Sterling Construction, Inc., Webster Road (SUB01-6)
MOTION by Reg Gignoux, SECOND by Hilda White, to grant final plan approval to ABC/MRC, Inc./Sterling Construction, Inc. for a subdivision planned residential development as shown on the plans submitted and with the following conditions:
1. prior to filing a mylar, the applicant shall submit finalized and executed legal documents for the dedication and transfer of road, sewer, water, stormwater improvements, path easement and deed of open space to the town containing appropriate restrictions against development;
2. prior to filing a mylar, plans for the ownership and maintenance of the project’s stormwater detention basin, and associated legal documents, be revised to the satisfaction of the Town Manager and Town Attorney;
3. minor changes to the plan made as a result of negotiations regarding stormwater facilities are hereby endorsed and will not require further review by the Planning Commission;
4. all other legal documents will be revised, if necessary, to the satisfaction of the Town Attorney;
5. a pre-construction meeting will be held between the developer, his engineer and contractor, and town staff prior to commencing construction; additional meetings will be held as requested by town staff during construction (e.g. following large storm events);
6. the applicant shall phase the project build-out at a maximum rate of no more than 15 units per permit year where “permit year” is defined as the year starting on the date the first permit is issued;
7. the five percent building coverage restriction generally placed on lots in the Residential-2 District is hereby waived; the building coverage maximum for lots created by the subdivision shall be 25%; side and rear yard requirements for the R-2 District shall remain in effect;
8. the second access normally required in connection with projects of 30 or more units is hereby waived with the approval of the Fire Chief;
9. existing healthy trees will be preserved where feasible on the individual lots; new landscaping will include establishing grass in all disturbed areas on the lots and within the street right-of-way, and each homesite will include a minimum of 10 foundation plantings at the front of the house and two tress in the front yard (either existing or new trees).
VOTING: unanimous (7-0); motion carried.

Bart Frisbee expressed appreciation to the Planning Commission for the assistance with the agricultural land issue.

4. PRD SKETCH PLAN REVIEW CONTINUANCE, SHELBURNE CLIFFS PARNERSHIP/BENCHMARK SHELBURNE SENIOR HOUSING, LLC, 333 MORGAN DRIVE (SUB03-05)  Dave Marshall, Staige Davis, Mark Neagley, and Robert Rushford appeared on behalf of the application. Reg Gignoux recused himself and left the meeting.

APPLICANT COMMENTS
Dave Marshall reviewed the items discussed during the recent site visit by the Planning Commission. Mark Neagley reviewed the revised location of the access road and improved screening. The neighbors agree with the new road location. The screening will be planted after the road is cut in to see what is actually needed for screening. Christian and Elizabeth Thomas will be accommodated. Staige Davis noted there will be a minor property transfer in order to square off the Grayson property per the Grayson’s request. Robert Rushford clarified the distinction between nonconforming use (the use does not comply in the zone, such as having a commercial use in residential development) versus non-complying structure (the structure does not comply with zoning regulations related to structures). With the current application, continued Mr. Rushford, the density requirements are met because density is a non-complying structure issue. Previously on the site was an approved 38-unit nursing home and associated staffing/activities, and this is the pre-existing, non-complying structure issue that is “grandfathered”. The nursing home/residential use is conforming because it is permitted in the zone. Mr. Rushford paraphrased the ordinance regarding expansion of a non-complying structure, pointing out the Planning Commission can approve an expansion of a non-complying structure if the request is not changing the setbacks. The current application improves the setbacks, and continues the use from the permitted to a conditional use. The project will yield 11 units of two-bedrooms each for a total of 22 bedrooms which is a decrease from the 38 bedrooms in the nursing home use. Mr. Rushford conceded the non-complying structure situation is unique and likely not to be repeated.

STAFF REPORT
The Commission received a written staff report, dated April 10, 2003.

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

DELIBERATION/DECISION
Sketch Plan, Shelburne Cliffs Partnership/Benchmark Shelburne Senior Housing, LLC, 333 Morgan Drive (SUB03-05)
Chairman Peterson requested the Planning Commission enter deliberative session to discuss the application.

MOTION by Fred Schmidt, SECOND by Chris Neme, to go into deliberation session. VOTING: unanimous (6-0); motion carried.

The Commission entered deliberation session at 9:45 p.m.

MOTION by Kay Kraushaar, SECOND by Fred Schmidt, to adjourn deliberation session. VOTING: unanimous (6-0); motion carried.

Deliberation session was adjourned at 10:03 p.m. The regular meeting reconvened. Chairman Peterson stated that the Planning Commission has been persuaded that the unique circumstances of the property with its existing structures does warrant sketch plan approval.

MOTION by Fred Schmidt, SECOND by Hilda White, to grant sketch plan approval of the plan submitted by Shelburne Cliffs Partnership and Benchmark Shelburne Senior Housing to convert the use of the property at 333 Morgan Road to accommodate 11 residential units in condominium ownership within existing, but modified, structures subject to the following conditions and submittals required for preliminary plat review:
1. evidence that existing and/or proposed landscaping will provide adequate screening of the new garages, swimming pool, tennis court, and realigned access drive;
2. a report on traffic safety including information on available sight distances and “before/after” trip generation rates;
3. information regarding the compromised access road alignment staked in the field on 4/10/03 and agreed to by the neighbors;
4. evidence that northern portions of the property would be accessible by fire trucks;
5. an erosion control and stormwater management plan for the property;
6. proposal to address the need for separate metering of water service or joint payment for water measured at the existing “master meter” serving the area.
VOTING: unanimous (6-0); motion carried.

5. OTHER BUSINESS and CORRESPONDENCE
VELCO Presentation
Rescheduled to June 12, 2003.

STAT
There was discussion of the upcoming workshop and Planning Commissioner participation.

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

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

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TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
APRIL 24, 2003

MEMBERS PRESENT: Reg Gignoux, Hilda White, Claude LaPierre, Chris Neme, Fred Schmidt. (Rick Peterson and Kay Kraushaar were absent.)

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Name Address
Sue Davis Shelburne News
L. Palmer
J. Antonucci
B. Jacobson Shelburne
Gail Albert Shelburne
Frank Califano Shelburne
Mike Burke Rice Woods, Shelburne
Michael Senesac Rice Woods, Shelburne
Dan O’Rourke Rice Woods, Shelburne
Christopher Senesac Rice Woods, Shelburne
S. Palmer Shelburne
Lola Van Wagenen Shelburne
Stuart J. Morrow Shelburne

AGENDA: 1. Call to Order and Approval of Minutes of April 10, 2003
2. Public Hearing: Proposed Amendments to Shelburne Zoning and Subdivision Bylaws
3. Final Plan Review, Rice Realty Co./Ethan Allen Holdings LLC, Route 7 (SUB01-4)
4. Boundary Line Adjustment, Lola Van Wagenen Trust/Nicholas Z. Cowles, 257 Ordway Shore Road & 216 Orchard Road (BLA03-02)
5. Other Business and Correspondence
6. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES
In the absence of Chairman Rick Peterson, Reg Gignoux called the meeting to order at 7:38 p.m.

APPROVE MINUTES OF APRIL 10, 2003
MOTION by Fred Schmidt, SECOND by Hilda White, to approve the 4/10/03 minutes with the following correction: Page 1 - delete the words “was absent” in the list of Members Present. VOTING: unanimous; motion carried.

2. PUBLIC HEARING: PROPOSED AMENDMENTS TO SHELBURNE ZONING AND SUBDIVISION BYLAWS
Reg Gignoux opened the public hearing at 7:40 p.m. Dean Pierce explained the essence of the amendments. The amendments include authorization for the town to charge for independent technical review of applications, increasing the lot coverage in the R-3 district, and increased public notice of public hearings before the Zoning Board for permit applications.

PUBLIC COMMENTS
Gail Albert, Shelburne resident, asked if the increase in building coverage in the R-3 zone is generic or for development purposes. Dean Pierce explained the recommendation to increase the coverage comes from the Zoning Administrator to decrease the number of variance applications in the zone for garages and outbuildings which otherwise would be permitted/conditional uses. Some of the lots in the zone were formed as of 1986 and are relatively small in lot size.

There were no other comments.

MOTION by Fred Schmidt, SECOND by Hilda White, to close the hearing. VOTING: unanimous; motion carried.

The hearing was closed at 7:47 p.m.

MOTION by Fred Schmidt, SECOND by Chris Neme, to forward the proposed changes to the Selectboard for action. VOTING: unanimous; motion carried.

3. FINAL PLAN REVIEW, RICE REALTY CO./ETHAN ALLEN HOLDINGS LLC, ROUTE 7 (SUB01-4)
Mike Burke appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Burke confirmed receipt of the letter from Civil Engineering Associates, dated April 17, 2003, and stated his concurrence with the contents of the letter. Mr. Burkes reviewed items in the letter, including an easement to the water curb stops for the multi-family units (Shelburne Water Dept. will have access, but the homeowners association will own the lines), catch basin positioned to intercept curb line flow (this will be done), footing drains for buildings (will be done and shown on site plan), grading of cul-de-sac (will be done), detention pond cleaning prior to town ownership (this will be done, additionally there will be specifications in the homeowners association documents regarding maintenance of stormwater ponds), reconfiguring the north entrance (a stop control from the development will be created to allow traffic from the Commons to have the right-of-way; the entrance to Rice Lumber will be part of the four-way intersection), sidewalk extended to Route 7 (this will be done), forwarding permits from the state to the town (this will be done), realignment of the intersection of Longmeadow/Route 7 and the entrance to the development (the State can not cut off access to Rice Lumber and the Commons so the access drive will be built by VTrans), water line and hydrant issues (these matters will be addressed as recommended by the Town Engineer and Fire Chief).

Dan O’Rourke discussed affordable housing terms of agreement. There will be affordability clauses in the homeowners association documents and Notice of Conditions as well as a separate private utility agreement. The final details will be worked out after the final approval of the project. The Notice of Condition documentation will specify VHFA guidelines and mechanism of calculation for the two specified affordable units (in the multi-family housing section). There was further discussion of the units being affordable in perpetuity, conditions of affordability included in the property deed, and this information being readily revealed in a title search.

Hilda White expressed concern about the choice of White Pine for plantings due to the lack of salt tolerance, and suggested a more salt tolerant evergreen be planted.

STAFF REPORT
The Commission received a written staff report, dated April 24, 2003. The Commission reviewed the draft conditions of approval and made the following amendments/additions:
1. delete condition #9 regarding the northern access drive since VTrans is required to build the intersection in conjunction with Longmeadow Drive reconstruction;
2. renumber the remaining conditions and add the following conditions:
#12 – A note shall be added on the site plan to indicate that the Town of Shelburne will not take over the water line(s).
#13 – The proposed sidewalk will be extended during the roadway construction (i.e. not delayed).
#14 – The landscape plan shall be revised and submitted for staff review and approval to show the trees on the north access to be a salt tolerant/resistant variety (not White Pine).

PUBLIC INPUT
Loren Palmer, owner of 15 acres to the west of the Rice Woods property, offered to donate his parcel of land to the town if the Senesacs (Rice Woods) would be willing to provide a 60’ right-of-way through their property to the landlocked Palmer parcel. The right-of-way is needed for tax assessment purposes. Mr. Palmer acknowledged his land offer is coming at a late stage in the application process, but pointed out the developer would benefit from the arrangement because the development would be near the town’s waterfront park property, and the town would benefit from the gift of land. Mr. Palmer stressed his intention is not to deter or delay the project. The arrangement would be a benefit to all. Mr. Palmer mentioned his past sale of land to the town for the waterfront park area at well below the value of the property.

Dan O’Rourke stated the applicant may not view the 60’ right-of-way as a benefit since the right-of-way will bisect the open land of the development and there is concern the dedicated easement might impact the open space threshold of the development. The applicant is also concerned about the offer coming forth so late in the process, and possibly delaying the project. Mike Senesac pointed out there is a financial benefit to Mr. Palmer to secure the right-of-way and bequeath the land to the town for a tax savings, and it is unfair to hold up the application process with the offer at this point. Mr. Senesac asked if the land could be given to the town without an access and if other avenues of access have been investigated by Mr. Palmer. Reg Gignoux pointed out the developer and Mr. Palmer need to work out the matter; the Planning Commission must deal with the site plan that has been submitted. Hilda White noted an amendment to the site plan can be made at a later date should the two parties come to an agreement on the right-of-way.

Dean Pierce stated the Natural Resources Committee has not taken a formal position on the offer, but does recognize the area has ecological value. The Natural Resources Committee would be interested in the land remaining as a natural corridor.

Fred Schmidt stated his concern with the project from the beginning has been the lack of space for recreation and that trails long used by the community would be landlocked, so the offer by Mr. Palmer is interesting and should be considered. Mike Senesac expressed his willingness to work with the town regarding access rather than with Mr. Palmer. Mr. Senesac also pointed out the recreational facilities for the development include a 20’ x 40’ in-ground pool and smaller playground area to the northeast of Carroll Drive.

Chris Neme asked about restrictions on the open space. Mike Senesac stated specific details on restrictions have not been fully drafted yet, but the area will be open and there will be a fence to impede access to the area beyond the cliff. Dan O’Rourke added there will be a separate open space agreement with the town which will specify no cut zones, the fence boundary, grading restrictions, no motorized vehicles, and such. Mike Burke interjected the general concept is to leave the land free of manmade improvements.

There were no further comments.

DELIBERATION/DECISION
Final Plan Review, Rice Realty Co./Ethan Allen Holdings LLC, Route 7 (SUB01-4)
MOTION by Hilda White, SECOND by Fred Schmidt, to accept the final plan approval motion as outlined in the staff report, dated 4/24/03, and with the 14 conditions as drafted.
DISCUSSION: Fred Schmidt urged consideration of the land offer from Mr. Palmer as a condition of approval. Reg Gignoux felt the project should not be conditioned on agreement to the land offer. Mr. Schmidt suggested a condition of approval encouraging the two parties to explore the possibility of a right-of-way. There was further comment on the land offer. Mr. Palmer apologized again for the last minute offer. The applicant stated a 60’ right-of-way between two adjacent properties would have an impact on the properties. The applicant repeated his offer to work with the town on access, and again noted the unfairness of being forced to deal with a last minute offer when the full impact of the request is not known. It was clarified an amendment to the site plan could be done at a later date, but the ramification of the right-of-way on the open space of the project needs to be known. The applicant’s attorney agreed future discussions of the matter are not prevented and there are processes for amendments, but the application should not be delayed by a last minute offer that was not part of the proposal. Also, there may be other property owners who could be approached for the right-of-way. Chris Senesac stated if the point is to get access to the Palmer property through Rice Woods property, then a walking path, not a 60’ right-of-way, should be acceptable. Mr. Senesac felt Mr. Palmer was leveraging the final plat review of the Rice Woods project for Palmer’s tax write off. Fred Schmidt acknowledged Mr. Palmer is trying to get the maximum tax benefit for the gift of land to the town. The Senesacs again expressed concern about the impact of the right-of-way on the open space threshold of the project. Reg Gignoux suggested town staff, the applicant, Mr. Palmer, and possibly a 4th party meet to discuss the land offer.
VOTING: Prior to the vote, Fred Schmidt withdrew his support (second) of the motion. Motion failed due to lack of a second.

MOTION by Fred Schmidt, SECOND by Claude LaPierre, to enter deliberative session to discuss the Rice Woods/Ethan Allen Holdings application and land offer from Mr. Palmer. VOTING: unanimous (5-0); motion carried.

The Planning Commission entered deliberative session at 9:30 p.m.

MOTION by Hilda White, SECOND by Chris Neme, to adjourn deliberative session and reconvene the regular meeting. VOTING: unanimous (5-0); motion carried.

Deliberative session was adjourned and the regular meeting reconvened at 9:45 p.m.

MOTION by Fred Schmidt, SECOND by Claude LaPierre, to continue the Rice Wood /Ethan Allen Holdings application until the next Planning Commission meeting, May 8, 2003, to encourage the town, the applicant, and Mr. Palmer to come to agreement on the land offer. VOTING: unanimous (5-0); motion carried.

4. BOUNDARY LINE ADJUSTMENT, LOLA VAN WAGENEN TRUST/NICHOLAS Z. COWLES, 257 ORDWAY SHORE ROAD & 216 ORCHARD ROAD (BLA03-02) Stuart Morrow and Lola Van Wagenen appeared on behalf of the application.

APPLICANT COMMENTS
Stuart Morrow explained Nick Cowles would like to adjust the boundary line of his parcel to square off the property. This requires transferring a half-acre to the Van Wagenen property. Ordway Shore Road from Orchard Road is a private road. The landowners have a right-of-way across the road. Nick Cowles’ father created the 10-acre lot north of the lots on Ordway Road, and gave the land (10 acres) to Shelburne Partnership (Nick’s siblings). The 10-acre property is accessed by a 40’ easement and also to the north. Nick Cowles now owns both the 40’ easement and the orchard, but if the boundary line is adjusted, the easement will be eliminated. If the 10-acre parcel is sold, an easement across the orchard will be provided.

Lola Van Wagenen explained the road association recently discussed safety problems with the road and felt if the road were on the other side of her garage, then the blind spot would be eliminated. The road association will work with neighbors on any problems they have with the road being moved. Engineers and other professionals will be hired to determine the best course of action for the neighborhood. Insurance on the private road will be secured. The boundary line adjustment is simply the first step in the process.

STAFF REPORT
The Planning Commission received a written staff report, dated 4/24/03.

PUBLIC INPUT
Frank Califano, neighbor, stated the proposal was for Mr. Cowles to square off his lot, not rerouting the road which will have serious impact on the Califano lot (there will be road and utility lines on two sides of the house and the headlights of cars will shine directly toward the house). Mr. Califano initially supported the boundary line adjustment, then withdrew his support due to the plan to move the roadway.

Chris Neme questioned if Planning Commission approval is needed to relocate a private road. Dean Pierce stated the matter is considered a minor subdivision and change of plat in the land records.

Ellen Janson stated the road was made in 1916 when the lots were created. Ms. Janson expressed concern about moving the road due to the amount of water in the area (very wet area).

There were no further comments.

DELIBERATION/DECISION
Boundary Line Adjustment at 257 Ordway Shore Road & 216 Orchard Road (BLA03-02)
MOTION by Fred Schmidt, SECOND by Chris Neme, to approve a boundary line adjustment for the reconfiguration of the boundary between properties of Lola Van Wagenen Trust (257 Ordway Shore Road) and Nicholas Z. Cowles (216 Orchard Road) as presented. VOTING: unanimous (5-0); motion carried.

5. OTHER BUSINESS and CORRESPONDENCE
None.

6. ADJOURNMENT
MOTION by Fred Schmidt, SECOND by Reg Gignoux, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.

The meeting was adjourned at 10:18 p.m.