Planning Commsission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
JUNE 12, 2003

MEMBERS PRESENT: Rick Peterson, Chairperson; Fred Schmidt, Reg Gignoux, Hilda White, Claude LaPierre, Kay Kraushaar. (Chris Neme was absent.)
STAFF PRESENT: Dean Pierce, Town Planner.
OTHERS PRESENT: Richard Watts, David Ackerman, Chris Carlson, Jack and Barbara Morrish, Richard Reid, John Powell, Amy Dohner, Nancy Owens, Michael Wisnewski, William Nedde, Dave Marshall, Gregg Beldock, Dan Hassan, Tom Anderson.

AGENDA: 1. Call to Order and Approval of Minutes of May 22, 2003
2. Design Review Application, Chris & Laurie Carlson, 5829 Shelburne Road (DR03-07)
3. Design Review application, Jack & Barbara Morrish, 954 Falls Road (RD03-09)
4. Design Review Application, Ray’s Development/Lake Champlain Housing Development Corp., 2206 Shelburne Road (DR03-05)
5. Final Plan Review, Ray’s Development/Lake Champlain Housing Development Corp., 2206 Shelburne Road (SUB01-10)
6. Site Plan Review, Eparchy of St. Maron of Brooklyn, d/b/a St. Rafka Center, 6420 Hinesburg Road (SP03-03)
7. PRD Sketch Plan Review Amendment, Burlington Drive-In Theatre, Inc./Bullrock Corporation/Shelburne Bay Senior Living Community LLC, 185 Pine Haven Shore Road (SUB98-6R3)
8. Other Business, Correspondence
9. Adjournment

The Planning Commission heard a presentation on the VELCO power line upgrade prior to the start of the regular meeting.

1. CALL TO ORDER
Rick Peterson, Chairperson, Reg Gignoux called the meeting to order at 8:03 p.m.

Approval of Minutes of May 22, 2003
MOTION by Reg Gignoux, seconded by Hilda White, to approve the minutes of 5/22/03 with the following corrections:
-Globally correct the spelling of “Rowland” and “Matosky”, and change “Mike Holland” to “Tucker Holland”;
-Page 2, 2nd paragraph, end of last sentence – add comma after the word “barn” and append the following: “should the town not already have an adequate right-of-way”;
-Page 3, 5th paragraph – delete the sentence reading “a bike path along Hinesburg Road is acceptable.”;
-Page 3, 5th paragraph, statement by Dean Pierce regarding a multi-use path in the town plan – change “town plan” to “bike/ped plan”;
-Page 4, item #5, Applicant Comments – add “Reg Gignoux asked about leaving the existing sign on the building and the appropriateness of this (would be a nonconforming sign).”;
-Page 5, item #6, Applicant Comments – insert “southern” before the words “neighbor, Mr. Cabot”;
-Page 5, last paragraph, statement regarding building on lots 1,2,3 – correct to note Howland stated he would build on lot #1, retain ownership on lot #2, and construct on lot #3;
-Page 6, item #7 – insert “Dean Pierce reported a three month extension was granted by staff to Patrick O’Brien’s project pursuant to policy.”.
VOTING: unanimous (6-0); motion carried.

2. DESIGN REVIEW, CHRIS & LAURIE CARLSON, 5829 SHELBURNE ROAD (DR03-07)
Chris Carlson appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Carlson explained the plan to remove the clapboard on the house and replace with vinyl siding.

STAFF REPORT
Dean Pierce stated the color of roof shingles was noted by the Design Review Committee. It was suggested to use a lighter color. Mr. Carlson stated a beige or light brown color will be chosen for the shingles.

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

DELIBERATION/DECISION
Design Review, Chris Carlson, 5829 Shelburne Road (DR03-07)
MOTION by Fred Schmidt, SECOND by Kay Kraushaar, to grant design plan approval to Chris and Laurie Carlson for the proposal involving replacement of existing windows, roof shingles, and siding on a residence at 5829 Shelburne Road consistent with the submitted plans and documents. VOTING: unanimous (6-0); motion carried.

3. DESIGN REVIEW APPLICATION, JACK & BARBARA MORRISH, 954 FALLS ROAD (DR03-09)
Jack Morrish appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Morrish explained the planned changes to an existing garage and fence. The garage door will be replaced and a 30” x 30” window added to the garage. Photographs of the structure were shown. There is a new concrete floor and storage loft on the interior of the garage.

STAFF REPORT
Dean Pierce noted the fence will be of custom design according to the applicant and review by the Design Review Committee will take place when the fence design is complete. The Design Review Committee agreed replacing the overhead door with a door that is more traditional is desirable.

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

DELIBERATION/DECISION
Design Review, Jack Morrish, 954 Falls Road (DR03-09)
MOTION by Kay Kraushaar, SECOND by Fred Schmidt, to grant design plan approval to Jack and Barbara Morrish for exterior renovations to the garage consistent with submitted plans and documents. VOTING: unanimous (6-0); motion carried.

4. DESIGN REVIEW APPLICATION, RAY’S DEVELOPMENT/LAKE CHAMPLAIN HOUSING DEVELOPMENT CORP., 2206 SHELBURNE ROAD (DR03-05)
Michael Wisnewski appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Wisnewski reviewed the application, noting the fence around the detention basin was white vinyl to tie into the development, but the Design Review Committee wanted the basin to look more organic, like a natural pond. The area on the site is limited. The contours of the land will hide the pond from view from Route 7, and insurance requires a fence around the pond. Residents on Ockert Lane (within the development) will see the pond. The applicant requested maintaining the design as is and adjusting the fence type to be cedar or other similar natural material.

STAFF REPORT
Dean Pierce stated the Design Review Committee held lengthy discussion on the building and the frame of view of the buildings. Mr. Wisnewski reviewed the changes in design of the building (buildings fronting Shelburne Road will not have cupolas unless the budget allows, fiber cement siding will be replaced with vinyl siding with contrasting colors, meters will be covered with a small shed roof). The Planning Commission discussed the cupolas and existing rooflines in the area.

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

DELIBERATION/DECISION
Design Review, Ray’s Development/Lake Champlain Housing Development Corp., 2206 Shelburne Road (DR03-05)
MOTION by Reg Gignoux, SECOND by Fred Schmidt, to grant design review approval to Lake Champlain Housing Development Corp. (LCHDC) for the proposal involving 18 units of affordable housing in nine duplex townhouse structures on the north side of Cynosure Drive as shown on the submitted plans and with the following conditions:
1. the fence around the detention basin shall be an unfinished cedar picket fence;
2. at the applicant’s discretion, the four cupolas on the buildings facing Shelburne Road may be removed, and the fiber cement siding at the unit entry may be replaced with vinyl siding.
VOTING: unanimous (6-0); motion carried.

5. FINAL PLAN REVIEW, RAY’S DEVELOPMENT/LAKE CHAMPLAIN HOUSING DEVELOPMENT CORP., 2206 SHELBURNE RD. (SUB01-10)
Mike Wisnewski appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Wisnewski stated a full set of engineering drawings from Krebs and Lansing have been submitted as well as architectural drawings and a landscape plan. There are no easements being given (Dean Pierce clarified the language allows the town legal right to enter the property to maintain the stormwater system if the homeowners’ association does not). Dean Pierce mentioned the easement across the property to the eastern boundary (from the north side of Cynosure Drive to Green Hills Drive). Bill Nedde, engineer, recalled the cost sharing discussions with the town related to the 12” water line desired by the town for future demand while the LCHDC project only requires an 8” line. An easement would be given to the town to extend to Green Hill Drive. Amy Dohner, Housing Vermont, pointed out there is not a written agreement with the town, but the minutes of the meeting with the Water Department reflect the town's position of not spending more than $4,500 for upgrade of the water line. There was further discussion of the easement and sharing the cost of the larger water line. Nancy Owens, Housing Vermont, suggested a condition of approval be crafted to state an easement will be granted once there is agreement with the Water Department to share in the cost of the line extension (upgrade from 8” to 12”). Presently, an easement does not exist and is not recorded in the town records. An easement is not required in order to build the housing project, noted Ms. Owens. There was continued discussion of the agreement with the Shelburne Water Dept.. Ms. Dohner stated LCHDC’s intention to follow up with the Water Dept. on the cost sharing and easement.

Mike Wisnewski continued the review of the project. There will be two lights on the pedestrian walkway, a light at the intersection, mailbox, and corner, and two lights in the center green. A landscape plan for the project has been submitted with the number and type of plantings. To decrease costs, it is requested to decrease the caliber of the trees from 3” to 2 ½”. Traffic accident information has been submitted as well as the construction schedule (begin project in mid-July, complete by late spring, 2004). There will be “Right Turn Only” signs out of the development, but these will not be enforceable by the Shelburne Police since the road is private. Residents will be educated to the traffic pattern. The unpaved portion of the road will not be maintained by the applicant. VTrans denied the request to decrease the speed limit to 35 mph on Route 7 by Cynosure Drive. Cost saving measures include the following to help bring the project into budget: at the applicant’s discretion, the fencing by the units near the detention pond can be eliminated and the concrete sidewalks can be replaced with asphalt paving. There is not a prioritized list for re-including these items.

Bill Nedde explained the sewer line, south to north. There are two services going in to the southern side of the sanitary manhole. The channels within the manhole will deflect sewerage to the north. The suggestion by the Town Engineer (letter from Steve Vock, dated 6/12/03) to deflect the service out the northern side is essentially a design amendment, but the water supply and waste water disposal permits would have to be amended as well, stated Mr. Nedde. It is felt the elevation and design that is presented is adequate. Dave Marshall suggested an option is to create a larger manhole to avoid a sharp radius. Mr. Marshall felt Steve Vock’s (town engineer) options to improve the system are appropriate. Mr. Nedde stated the cost associated with the suggested options would have to be evaluated.

STAFF REPORT
Dean Pierce asked for assurance about the amount of water flow toward Green Hill Drive. Mr. Nedde stated the design of the stormwater drainage system redirects existing flows to the detention basin so post-development flows are less than existing flows toward Green Hill Drive.

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

DELIBERATION/DECISION
Final Plan, Ray’s Development/Lake Champlain Housing Development Corp., 2206 Shelburne Rd. (SUB01-10)
MOTION by Fred Schmidt, SECOND by Reg Gignoux, to approve the final plan submitted by Lake Champlain Housing Development Corp. for a planned residential development located off Cynosure Drive consisting of 18 units of affordable housing in nine buildings with associated open space with the following conditions:
1. the applicant shall submit revised plans addressing the four concerns identified by town staff or the town’s consulting engineer (Steve Vock) in the letter, dated 6/12/03;
2. The fence around the detention basin shall be natural wood design (not white picket);
3. prior to filing a mylar, the applicant shall submit executed legal documents for: a) the dedication of easements, b) dedication of infrastructure/improvements, c) maintenance of the project’s stormwater detention basins (these documents will be developed by the applicant in consultation with the Town Attorney);
4. a pre-construction meeting shall be held between the developer, his engineer and contractor, and town staff prior to commencing construction, and additional meetings will be held as requested by town staff during construction (e.g. following large storm events);
5. at the applicant’s discretion, the following items are permitted: a) deletion of the fence in the pedestrian linkage adjacent to two units, b) elimination of concrete sidewalk from unit porches to sidewalk (access will be from the driveways), c) substitution of asphalt for concrete sidewalk for the development, d) reduction of the caliber of the tree size to 2 ½ “;
6. the final plat shall show the extension of the water line easement from Ockert Lane along Cynosure Drive to Green Hill Drive;
7. a letter of credit or similar form of assurance with respect to installation and maintenance/replacement of landscaping for two years following plantings shall be submitted by the applicant.
VOTING: unanimous (6-0); motion carried.

6. SITE PLAN REVIEW CONTINUANCE, EPARCHY OF ST. MARON OF BROOKLYN, d/b/a ST. RAFKA CENTER, 6420 HINESBURG ROAD (SP03-03)
Dave Marshall appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Marshall explained the proposal for an addition to an existing place of worship on the northwest side of the existing house at 6420 Hinesburg Road. There are 126 acres on the site. The upper third of the property is in conservation. The chapel will hold a maximum of 80 people. Sunday church services are held, but not weddings. There will be 20 parking spaces with two handicap spaces adjacent to the existing garage. Sight distances at the intersection with Hinesburg Road exceed the recommendation from VTrans viewing from the south, but from the north, the vegetation needs to be cut back for safe ingress/egress. Vegetation along the roadway will be maintained as much as possible. Access to the buildings will not be blocked by parked cars. The church has been operating on the site for the past 10 years. Prior to that time, another dioceses occupied the site. There are 25 members presently. The chapel is the plan for future growth (maximum of 80 people). The chapel structure will not overwhelm the house structure. Plantings will be done to mitigate the view of the parking area. There will be one pole mounted and a couple building mounted lights for safety purposes. A downshielded, 12’ high pole light is acceptable.

STAFF REPORT
Dean Pierce mentioned doing a site visit for better understanding of the proposal.

Reg Gignoux questioned using conifers when there are existing deciduous trees in the front of the property. Dave Marshall stated the intent is to provide year round screening. Kay Kraushaar suggested additional plantings behind the existing garage to further hide parked cars.

Claude LaPierre asked about future expansion of the church. Dave Marshall stated the proposal is to handle long range planning for the church. Reg Gignoux asked about the use of the existing house once the chapel is built. Dave Marshal noted the house will be the pastor’s residence.

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

DELIBERATION/DECISION
Site Plan, Eparchy of St. Maron of Brooklyn, d/b/a St. Rafka Center, 6420 Hinesburg Road (SP03-03)
MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to grant site plan approval to Eparchy of St. Maron of Brooklyn, d/b/a St. Rafka Center, 6420 Hinesburg Road (SP03-03) with the following conditions:
1. the existing vegetation on the site shall be maintained except the vegetation along the westerly side of Route 116 to the north of the entrance drive shall be cut back regularly to provide minimum sight distance in accordance with VTrans state standards;
2. no parking on the internal access road shall be allowed to preserve fire access;
3. four additional conifers shall be planted on the easterly side of the parking lot between the existing shed and garage as depicted on the site plan;
4. the light on the north end of the parking lot shall be cut off with a maximum height of 12’.
DISCUSSION: Reg Gignoux questioned how a condition can both maintain vegetation and allow cutting, citing another property approval with a similar provision and the property appears not to be maintained.
VOTING: unanimous (6-0); motion carried.

7. PRD SKETCH PLAN REVIEW AMENDMENT, BURLINGTON DRIVE-IN THEATRE, INC./BULLROCK CORPORATION/SHELBURNE BAY SENIOR LIVING COMMUNITY LLC, 185 PINE HAVEN SHORE ROAD (SUB98-6R3)
Dave Marshall appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Marshall explained the facility was approved in 1999. The 60 units are located off of Route 7 and not in view due to the topography of the land. There is staff support on-site for residents, but the plan is to offer ongoing support so an addition is needed (the addition is consistent with what was shown to the Planning Commission and Zoning Board initially). A waiver for the front yard setback will be requested as the lot coverage increases. Gregg Beldock stated there is no additional front yard setback required with the proposed addition. There is demand for elderly housing and “aging in place” facilities where the residents do not have to relocate due to changing circumstances and health care needs. The eventual location of the addition may require a floating setback, but the plan as presented does not impact the waiver that was granted. Where the building is proposed, the effect on the natural area and neighbors to the north is greater than if the larger addition is moved to the north end of the building. The residents of the units would like the addition to be on the north end, stated Mr. Beldock. Dave Marshall stated a sketch of the addition on the north end will be provided to the Planning Commission.

STAFF REPORT
There was further discussion of the Planning Commission’s ability to waive the front yard setback, PRD requirements, and the best use of the property.

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

DELIBERATION/DECISION
PRD Sketch Plan, Burlington Drive-In Theatre, Inc./Bullrock Corporation/Shelburne Bay Senior Living Community LLC, 185 Pine Haven Shore Road (SUB98-6R3)
MOTION by Reg Gignoux, SECOND by Fred Schmidt, to continue PRD sketch plan review of SUB98-6R3 (185 Pine Haven Shore Road) by Burlington Drive-In Theatre, Inc./Bullrock Corp./Shelburne Bay Senior Living Community LLC until July 10, 2003 to allow the applicant to submit revised plans. VOTING: unanimous (6-0); motion carried.

8. OTHER BUSINESS/CORRESPONDENCE
There was no other business before the Planning Commission.

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

The meeting was adjourned at 10:46 p.m.

Minutes transcribed from videotape and respectfully submitted by M.Riordan, Recording Secretary.

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TOWN OF SHELBURNE PLANNING COMMISSION
MINUTES OF MEETING
JUNE 26, 2003

MEMBERS PRESENT: Rick Peterson, Chairperson; Fred Schmidt, Reg Gignoux, Hilda White, Claude LaPierre, Kay Kraushaar, Chris Neme. STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Roselyn Graham, Pat Breton, Dave Wark, Adam Portz, Michael Dussalt, Tucker Holland, Michelle Holland, James Robinette, Mary-Jean Robinette, Janet Foster, Amy Dohner, Michael Wisniewski.

AGENDA: 1. Call to Order and Approval of Minutes of June 12, 2003 2. Design Review Application, Clayton Investments, Inc., Shelburne Shopping Park (DR03-08) 3. Design Review application, DW Construction, Inc./Victorian Ventures LLC, 5376 Shelburne Road (DR03-10) 4. Design Review Application Amendment, Jim and Mary Jean Robinette, 96 Wes Road (DR02-16R) 5. Design Review Application Amendment, Lake Champlain Housing Development Corp. (Duncan Wisniewski Architecture)/Town of Shelburne, Noonan House, 5404 Shelburne Road (DR00-4R1) 6. Site Plan Amendment, Lake Champlain Housing Development Corp. (Duncan Wisniewski Architecture)/Town of Shelburne, Noonan House, 5404 Shelburne Road (SP00-4R1) 7. Preliminary Plan Review Continuance, Swenson Land & Cattle, LLC, 1260 Pond Road (SUB03-04) 8. Preliminary Plan Review, T&M Holland/R&C Stiller, 2232 Harbor Road (SUB03-07) 9. Other Business, Correspondence 10. Adjournment

1. CALL TO ORDER Rick Peterson, Chairperson, called the meeting to order at 7:35 p.m. Approval of Minutes of June 12, 2003 MOTION by Reg Gignoux, seconded by Claude LaPierre, to approve the minutes of 6/12/03 with the following corrections: -Globally correct the spelling of “caliper”; -Page 5, top paragraph, sentence beginning: “Cost saving measures…” – replace “fencing by the units near the detention pond” with “fencing in conjunction with the pedestrian path”; -Page 6, Item #6, Applicant Comments, 1st paragraph, 3rd sentence – replace “upper” with “applicant stated that the western”. VOTING: unanimous (7-0); motion carried.

2. DESIGN REVIEW APPLICATION, CLAYTON INVESTMENTS, INC., SHELBURNE SHOPPING PARK (DR03-08) Dean Pierre announced the applicant withdrew the application prior to the meeting.

3. DESIGN REVIEW APPLICATION, DW CONSTRUCTION, INC./VICTORIAN VENTURES LLC, 5376 SHELBURNE RD (DR03-10) Reg Gignoux recused himself from deliberation/decision on the application. Dave Wark, DW Construction, and Pat Breton appeared on behalf of the application.

APPLICANT COMMENTS Dave Wark explained the general repairs to be done to the building at 5376 Shelburne Road (replace windows, decking, and the gutter system). There are three different types of gutters presently on the building. The plan is to use aluminum seamless gutters all around. STAFF REPORT Dean Pierce noted the design review application will need to be amended showing the new gutters, and then the amended application will be forwarded to the Planning Commission for action.

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

DELIBERATION/DECISION Design Review, DW Construction, 5376 Shelburne Road (DR03-10) MOTION by Fred Schmidt, SECOND by Kay Kraushaar, to grant design plan approval to DW Construction/Victorian Ventures LLC for a project at 5376 Shelburne Road consisting of the following: 1. replacement of basement windows with vinyl windows; 2. replacement of three 3rd floor windows with wood windows; 3. replacement of cedar shingles on rear porch and 2nd floor overhang roofs; 4. other necessary porch and roof repairs; 5. removal/replacement of gutter system may take place provided the applicant first secures approval from the Shelburne Historic Preservation Committee and the Shelburne Design Review Committee. VOTING: unanimous (6-0); motion carried. Reg Gignoux returned to the Planning Commission.

4. DESIGN REVIEW APPLICATION AMENDMENT, JIM AND MARY-JEAN ROBINETTE, 96 WES ROAD (DR02-16R) Jim Robinette appeared on behalf of the application. APPLICANT COMMENTS Jim Robinette stated the proposed 28’ round above-ground pool should have been included in the original application. The Design Review Committee has approved the amendment. A more permanent installation may be done at a future date.

STAFF REPORT Dean Pierce noted the location of the pool will not impact the streetscape. Mr. Pierce mentioned the long wait by Mr. Robinette before the Design Review Committee for the amendment, adding this may result in a consent agenda for the DRC for minor amendments. PUBLIC INPUT There were no comments from the public on the application.

DELIBERATION/DECISION Design Review Amendment, Robinette, 96 Wes Road (DR02-16R) MOTION by Reg Gignoux, SECOND by Hilda White, to grant design review approval to Jim and Mary-Jean Robinette for the installation of a swimming pool in the rear yard of their residence at 96 Wes Road in accordance with the plans submitted. VOTING: unanimous (7-0); motion carried.

5. DESIGN REVIEW APPLICATION AMENDMENT, LAKE CHAMPLAIN HOUSING DEVELOPMENT CORP. (DUNCAN WISNIEWSKI ARCHITECTURE)/TOWN OF SHELBURNE, NOONAN HOUSE, 5404 SHELBURNE ROAD (DR00-4R1) Mike Wisniewski appeared on behalf of the application. APPLICANT COMMENTS Mr. Wisniewski briefly reviewed the renovation plans for the Noonan House. There will be commercial/retail space on the first floor and two affordable studio apartments (500 s.f. each) on the second floor. Historic building tax credits are being sought for the house which was built in 1885 (the addition was built in 1910). Minimal changes to the existing building are planned. The backyard is now a public façade (to the town office building and parking lot). There will be handicap access at the rear of the building and a handicap accessible bathroom on the first floor. A new stairway was built to access the second floor. The floor plans for the first and second floors were reviewed. The location of the air condenser at the side of the building, and the landscape screening were discussed. The elevations of the porch, stairway and handicap ramp were also reviewed. Windows will be replaced with wooden sash type windows. The roof will remain slate for the main façade. The south ell roof will be asphalt shingle unless there is money remaining in the budget for slate. The rear porch will have a galvanized roof to match the front. The color scheme on the building has not been finalized, but it will harmonize with the surrounding Victorian buildings. The main chimney will be replaced. The chimney on the south ell will be removed. STAFF REPORT Dean Pierce clarified the design review application is independent of the (site plan) amendment. Mr. Pierce asked for clarification of the window changes. Mr. Wisniewski reviewed the proposal for window replacements (two-over-two or one-over-one depending on the decision of the Office for Historic Preservation Tax Credit Department in Washington, DC). Reg Gignoux asked about the overhead electric lines. Mr. Wisniewski stated the power, telephone, and cable lines will be put underground. Fred Schmidt asked if there is actually a greenbelt distinguishing the sidewalk and shoulder of the road. The applicant did not think there was a grass strip between the sidewalk and road. There was lengthy discussion of the concrete pad for the condenser and two trash cans, the landscaping to screen the area from view, and enclosing the trash cans from pests. The applicant noted if the dumpster by the town offices can be used, then the trash receptacle will not be built. Amy Dohner, Housing Vermont, clarified there will be trash cans by the Noonan House which will be emptied into the dumpster. Lake Champlain Housing Development is the property manager and will ensure that there is no trash left outside. Reg Gignoux expressed concern the trash cans will end up on the porch of the house. The applicant pointed out there will be a narrow sidewalk opening through the landscaping to allow access to the concrete pad (and the trash cans). The existing stone stoop will be removed.

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

DELIBERATION/DECISION Design Review Amendment, Noonan House, 5404 Shelburne Road (DR00-4R1) MOTION by Fred Schmidt, SECOND by Reg Gignoux, to grant design review approval for the Noonan House, 5404 Shelburne Road, as presented in the plans submitted, subject to the following conditions: 1. The specific design of windows added to the west elevation of the building may change as a result of review of the application for historic preservation tax credits; 2. If financially feasible, the east side of the southern ell will have a slate roof; 3. The overhead power, telephone, and cable lines as depicted on the plan shall be underground; 4. The enlargement of the condenser pad northerly toward the building, extending a 2’6” sidewalk westerly to the new walk, and removal of an existing step as depicted on the plan is allowed. VOTING: unanimous (7-0); motion carried.

6. SITE PLAN REVIEW AMENDMENT, LAKE CHAMPLAIN HOUSING DEVELOPMENT CORP. (DUNCAN WISNIEWSKI ARCHITECTURE)/TOWN OF SHELBURNE, NOONAN HOUSE, 5404 SHELBURNE ROAD (SP00-4R1) Mike Wisniewski appeared on behalf of the application.

APPLICANT COMMENTS Mr. Wisniewski explained the parking arrangement for the Noonan House. There are seven parking spaces allocated for the Noonan House in the community parking lot per the village center plan (two for the residents of the apartments and five for the retail use). The Noonan House parking spaces will be designated by signs. There was lengthy discussion of the parking for the Noonan House and the town offices. Concerns included lack of available parking for visitors to both buildings when the parking lot is busy. The retail operation in the Noonan House will have customers in wheelchairs and be open six days per week from 10 a.m. to 4 p.m. Designated parking spaces for the residents at the Noonan House are needed as well as handicap parking and spaces for the customers. There was further discussion of the location of the handicap parking space (by the existing ramp to the town office building) and the resident parking, the number of parking spaces needed (seven may not be adequate), and whether the Planning Commission should designate the parking spaces for the Noonan House. Chris Neme mentioned the 20% parking requirement which would equate to eight parking spaces for the application. Dean Pierce explained seven designated spaces are requested with additional public parking being available in the community lot.

STAFF REPORT Dean Pierce asked about the sewer connection to the Noonan House. Mr. Wisniewski stated the civil engineer is researching the matter. Mr. Pierce asked if the building will have an internal sprinkler system for fire protection. Mr. Wisniewski replied a sprinkler system is not required per the town’s code, but if a system were installed, the water service would have to be upgraded. PUBLIC INPUT There were no comments from the public on the application.

DELIBERATION/DECISION Site Plan Amendment, Noonan House, 5404 Shelburne Rd. (SP00-4R1) MOTION by Fred Schmidt, SECOND by Claude LaPierre, to grant the site plan amendment requested by Lake Champlain Housing Development Corp. for the Noonan House at 5404 Shelburne Road as presented in the plans submitted. VOTING: unanimous (7-0); motion carried. MOTION by Fred Schmidt, SECOND by Hilda White, to approve the site plan as amended for the Noonan House at 5404 Shelburne Road with the condition the two residential parking spaces for the Noonan House be designated as the northern most parking spaces in the section of public parking in the community parking lot closest to the Noonan House.

DISCUSSION: Reg Gignoux expressed concern that older residents at the Noonan House should be able to park closer to the building, and suggested the first three parking spaces which includes the handicap parking space be designated for the Noonan House.

AMENDMENT by Fred Schmidt, SECOND by Reg Gignoux, to designate the two residential parking spaces for the Noonan House as the southern most spaces in the section of parking closest to the Noonan House, and to have the town consider designating a third space as handicap parking should the need arise.

DISCUSSION OF AMENDMENT: Dean Pierce noted the motion is for the site plan so the conditions from design review should be carried over as well. Rick Peterson suggested addressing the parking issue as separate from the site plan. VOTING: prior to the vote, Fred Schmidt withdrew his motion. MOTION by Kay Kraushaar, SECOND by Hilda White, to designate the two parking spaces in the northeast corner of the community parking lot south of the driveway for the residents of the Noonan House, and that the handicap parking sites are as designated on the current plan. VOTING: 5 ayes, 2 nays (Schmidt, Gignoux); motion carried. MOTION by Fred Schmidt, SECOND by Chris Neme, to approve the site plan amendment requested by Lake Champlain Housing Development Corp. for the Noonan House at 5404 Shelburne Road as presented with the following conditions: 1. the parking shall be as designated in the approved motion by the Planning Commission (i.e. two spaces in the northeast corner of the lot south of the driveway are for Noonan House residents and handicap parking is as shown on the plan); 2. the conditions of design review approval relating to windows, roofing materials, power, telephone, cable lines being underground, and the condenser pad, landscaping and access shall apply. VOTING: unanimous (7-0); motion carried.

7. PRELIMINARY PLAN REVIEW CONTINUANCE, SWENSON LAND & CATTLE, LLC, 1260 POND ROAD (SUB03-04) Claude LaPierre and Rick Peterson recused themselves from deliberation/decision on the application. Reg Gignoux assumed the duties of Chairman. Mike Burke appeared on behalf of the application.

APPLICANT COMMENTS Mike Burke summarized revisions to the plan, including a water line from an existing pond on Lot #1 for fire protection, relocation of building envelopes into the tree line on Lots #2 and #3, relocation of the second building envelope to the south of the existing fence line on Lot #7, providing a 20’ bike path easement on the Shelburne/Hinesburg Road portion of the property (by the barn the easement is 10’ wide), relocating the driveway for Lot #6 to the culvert to minimize impact on the wetlands. The effect of the proposed housing sites on the view corridor from Pond Road and Shelburne Pond was evaluated, and it was determined there is not a significant viewshed from Shelburne Pond. Some of the houses will be visible from Pond Road, but the existing farm and silo are the focal points. The houses will be earth tone in color to blend into the setting as much as possible. A 30’ height maximum is an agreeable restriction, stated Mr. Burke.

STAFF REPORT Dean Pierce stated the Fire Chief would like a fire pond with water available year round. The pond proposed to be used may not be reliable year round. Reg Gignoux asked about recharging the pond. Mike Burke pointed out the existing pond is the only location for a pond. The State’s wetlands department. will not allow a pond to be dug in the Class 2 wetlands. The existing pond needs to be cleaned out and an outlet pipe added. A gravel pad by the dry hydrant is also needed. Reg Gignoux suggested the applicant re-engineer the fire pond to address the Fire Chief’s concerns. Mike Burke stated all other options have been exhausted. The applicant could work with the State on the two dry hydrants that were previously approved, but the paperwork is not complete and the funding may no longer be available.

PUBLIC INPUT Claude LaPierre confirmed the existing pond is the only location for a fire pond, but the water in the pond is quite low at times. The problem was created with the Bushey development (a fire pond was never installed as required with the development). Mr. LaPierre felt a fire pond should be required for all developments in the area, but the current applicant should not have to install a fire pond for those developments that failed to comply and build their own fire pond. Mr. LaPierre suggested a covered cistern in a cellar hole could provide water for fire protection. There is a site at Frogs End and Pond Road. Dean Pierre asked about a drilled well. Mr. Burke stated the water flow is good for single family houses, but not for fire protection. Also, there is the problem of discharge in freezing weather. Claude LaPierre questioned why some developments need a fire pond while others in the same relative area do not. Dean Pierce explained there was a condition of approval for the Frog’s End development for a fire pond, but the language in the approval did not hold the developer to the task (the condition said the developer had to work on establishing a fire pond). The Fire Chief’s aim has been to address the need for fire protection by seeking grants for ponds in developed areas and requiring developers to install ponds in newly developing areas. The issue with the current application and the existing pond is ensuring there is adequate water supply for fire protection. Chris Neme suggested a condition of approval to have the town (Town Planner, Town Engineer, and Fire Chief) do an assessment in conjunction with the applicant to determine if the suggested solution by the applicant for fire protection is the best reasonably available solution for the site, and if so, then the applicant can proceed, but if not, then a remedy must be provided. Claude La Pierre asked about the road width. Mike Burke explained the road to the lots is 24’ wide gravel. Reg Gignoux suggested the road be 15’ wide with two three-foot shoulders. Hilda White suggested an 18’ wide road with three-foot exposed gravel shoulders on each side. The entire roadbed would be 24’ wide so fire trucks could pass.

DELIBERATION/DECISION Preliminary Plan Continuance, Swenson Land & Cattle, 1260 Pond Rd. (SUB03-04) MOTION by Fred Schmidt, SECOND by Hilda White, to grant preliminary plan approval as a PRD of an 8-lot subdivision of property owned by Swenson Land & Cattle, LLC, located south of Pond Road subject to the following conditions and items required for final plat review: 1. prior to or as part of the filing of an application for final plan approval, the applicant shall revise the plans to address any unresolved concerns identified by Town staff or the Town’s consulting engineer; 2. to include in the homeowners association documentation and the deeds as the Town Attorney may recommend, the applicant’s offer to paint the houses on all lots in earth tone colors, to maintain a maximum building height of 30’ on Lots #2 and #3, and to minimize tree cutting to provide as much shielding of houses as possible from Pond Road; 3. the Town Planner, Town Engineer, and Fire Chief shall do an assessment in conjunction with the applicant to determine if the proposed fire pond solution is the best reasonably available for the site, and if so, then the application can proceed, but if not, then another remedy shall be provided; 4. the road to the lots shall be 24’ wide in total with 18’ as the roadway and three-foot gravel shoulders on each side. VOTING: unanimous (5-0); motion carried. Rick Peterson resumed the duties of Chairman.

8. PRELIMINARY PLAN REVIEW, T&M HOLLAND/R&C STILLER, 2232 HARBOR ROAD (SUB03-07) Mike Dussalt and Adam Portz appeared on behalf of the application.

APPLICANT COMMENTS Mike Dussalt explained the proposal for four lots, three of which are build-able and one will be a large common area. The lot lines and building envelopes have not changed since sketch plan review. Preliminary design for the on-site septic systems shows a shared system for Lots #1 and #2, and an individual system for Lot #3. The house orientations and designs are within the building envelopes. All conditions noted in the sketch plan approval have been met except comments from the town departments have not yet been received though the information has been requested. Town input is also needed on the Act 250 review. Mike Dussalt reviewed the sight distances for the access points. Photographs of Harbor Road were shown. The sight lines are provided for 45 mph, though the speed limit on the road is posted at 35 mph. Drivers are consistently exceeding the posted speed limit. Reg Gignoux suggested the project be limited to one access (curb cut) due to the dangerous corner on Harbor Road by the second curb cut. Also, one curb cut would be more in character with the area. Rick Peterson asked about the bike lane. Adam Portz stated following measurement of the travel lanes, shoulders, edge of pavement to existing trees, the placement of existing utility poles and the grade of the road, it is advised that a 4’ wide bike lane would be most feasible on both sides of the road. There is enough town right-of-way for an 8’ wide path and a 4’ separation from the road to the path to locate the path on one side of the road, but there would be impact from the earthwork, removing vegetation, and impact on privacy. According to the Town Clerk, Harbor Road is a four-rod (66’) road. The information on the road was based on a site survey. Dean Pierce noted the town has a 50’ easement on the property on the easterly side of the road. Rick Peterson asked about the town’s interest in a recreation path along Harbor Road or on other areas of the property. Dean Pierce stated the Paths Committee is looking at the options. The applicant is offering a path along Harbor Road. The Hollands confirmed their agreement to accommodate a path easement. Chairman Peterson stated information to determine if the road is wide enough for a path is needed. Adam Portz reviewed the visual impacts of the development. There are three significant views per the town resource inventory in which the project falls (#54 from Harbor Road looking northeast toward the Allen Hill natural area, #71 from the inner bay looking at Allen Hill, and #72 from the outer bay). The houses can not be seen from the first two viewpoints, but can be seen from the outer bay (however the green meadow will be retained and the houses will be set back by the existing vegetation). STAFF REPORT Dean Pierce stated the Police Dept. had no concerns about the development, and the applicant’s engineer addressed the comments from the road and water departments. The water service connection needs to be shown on the plan. Mr. Pierce asked about access to the open space lot. Holland Tucker stated there is language in the deed mandating the lot be mowed so the homeowners association will have to figure out the access.

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

DELIBERATION/DECISION Preliminary Plan, Holland/Stiller, 2232 Harbor Road (SUB03-07) MOTION by Fred Schmidt, SECOND by Hilda White, to grant preliminary plan approval for the subdivision as a PRD of an existing 32 acre parcel into three building lots of four to seven acres each plus a single common land lot subject to the following conditions and items required for final plat review: 1. prior to or as part of the filing of an application for final plan approval, the applicant shall revise plans to address any unresolved concerns identified by Town staff or the Town’s consulting engineer per the letter from Phelps Engineering, dated June 20, 2003; 2. for final plan, the applicant shall submit a proposal for a recreation path along the easterly side of Harbor Road. VOTING: unanimous (6-0); motion carried. [Claude LaPierre not present for vote.]

9. OTHER BUSINESS/CORRESPONDENCE Dean Pierce briefed the Planning Commission on upcoming issues and applications.

10. ADJOURNMENT MOTION by Reg Gignoux, SECOND by Chris Neme, to adjourn the meeting. VOTING: unanimous (6-0); motion carried. [Claude LaPierre not present for vote.] The meeting was adjourned at 11:31 p.m. Minutes transcribed from videotape and respectfully submitted by M.Riordan, Recording Secretary.