Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
OCTOBER 9, 2003

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

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Robert Burley, Bill Youngblood, David Coleman, Michael Furlong, Tim Downey, Jeff Lawson, Margory Sharp, Tim Caron, Marilene Luxton-Jones.

AGENDA:
1. Call to Order and Approval of Minutes (9/25/03)
2. Design Review Application, Jeff and Lauren Lawson, 1007 Falls Road (DR02-17R2)
3. Design Review Application, Marilene Luxton-Jones, 5955 Shelburne Road (DR03-13R)
4. Sketch Plan Review, Wake Robin Corporation, 200 Wake Robin Drive (SUB03-08)
5. Discussion of Town Plan Update
6. Other Business, Correspondence
7. Adjournment

1. CALL TO ORDER
Rick Peterson, Chairperson, called the meeting to order at 7:35 p.m.

APPROVAL OF MINUTES
SEPTEMBER 25, 2003
MOTION by Reg Gignoux, SECOND by Hilda White, to approve the 9/25/03 minutes with the following corrections:
Globally correct the spelling of “Dorthea Penar” and “Carol Cherhoniak”.
VOTING: unanimous (6-0); motion carried.

2. DESIGN REVIEW APPLICATION, JEFF AND LAUREN LAWSON, 1007 FALLS ROAD (DR02-17R2)
Jeff Lawson appeared on behalf of the application.

APPLICANT COMMENTS
Jeff Lawson explained the changes to the windows on the east and west side of his barn (changes were approved by the Design Review Committee).

STAFF REPORT
The Planning Commission received a written staff report on the application, dated 10/9/03. Dean Pierce noted the Design Review Committee approved the requested changes as part of the consent agenda. The east and west elevations are not visible from the road.

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

DELIBERATION/DECISION
Design Review for Changes to Windows at 1007 Falls Road, Lawson (DR02-17R2)
MOTION by Kay Kraushaar, SECOND by Chris Neme, to grant design plan approval to Jeff and Lauren Lawson for an amendment to the previously approved exterior renovations to a barn on property at 1007 Falls Road subject to the following conditions:
1. changes to the windows on the east and west elevations shall be constructed in accordance with the plans listed above;
2. other aspects of the project (other than the reconfigured windows) shall be completed according to plans and conditions previously approved by the Planning Commission.
VOTING: unanimous (6-0); motion carried.

3. DESIGN REVIEW APPLICATION, MARILENE LUXTON-JONES, 5955 SHELBURNE ROAD (DR03-13R) Marilene Luxton-Jones and Tim Downey (contractor) appeared on behalf of the application.

APPLICANT COMMENTS
Tim Downey explained the requested gable dormer on the west side of the one-story cape style house on Shelburne Road. The house is approximately 30 years old. The new dormer will oppose an existing gable dormer on the east side of the house. The detail of the new gable dormer returns. The detail on the existing house has no overhang.

STAFF REPORT
Dean Pierce noted the elevations are mislabeled on the plan.

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

DELIBERATION/DECISION
Design Review for Gable Dormer at 5955 Shelburne Road, Luxton-Jones (DR03-13R)
MOTION by Reg Gignoux, SECOND by Claude LaPierre, to grant design review approval to Marilene Luxton-Jones and amend a previous approval for property at 5955 Shelburne Road to include a new dormer on the roof over the western side of the house subject to the following conditions:
1. the new dormer shall be constructed in accordance with the plan listed above;
2. other aspects of the project (other than the new dormer) shall be completed according to the plans previously approved by the Planning Commission.
VOTING: unanimous (6-0); motion carried.

4. SKETCH PLAN REVIEW, WAKE ROBIN CORPORATION, 200 WAKE ROBIN DRIVE (SUB03-08)
Bob Burley, David Coleman, Bill Youngblood, Michael Furlong, Tim Caron appeared on behalf of the application.

APPLICANT COMMENTS
Bob Burley, architect, noted the major changes to the plan, including the addition of 18 assisted care units (long term skilled nursing), 37 independent living cottages, and associated changes to improve the facility. The curb cut on Wake Robin Drive has been moved 50’ to the north from the location noted in the previous plan. There is a two acre area for a potential guest house in the future. In the long term care building, there are internal changes, such as moving the day care activities area to the center of the floor. Regarding parking, there are 134 parking spaces planned at the long term care facility. This represents an increase of 66 parking spaces from the existing 68 spaces. The previous plan was approved for 88 parking spaces. The parking will accommodate staff and visitors mainly. In the cottage area, there are 37 units proposed (four 4-plex buildings, five single family houses, and eight duplex units) versus the original plan for 35 units. The units have been shifted toward the east away from the woods. Visitor parking at the cottages includes 21 spaces. Some units have garages. Access to the cottages will be from Wake Robin Drive. The roadway follows the contours of the land. There are large cul-de-sacs at the ends of the access road and a loop in the middle. A sidewalk, 10’ wide paved connecting path, covered walkway, elevator, and stairway to the common building are included as well. The grade of the road and pathways is less than five percent. There are substantial fill areas. Utilities are close to existing grade.

Rick Peterson asked about the need for additional parking. Bill Youngblood explained there is not enough staff parking. The new plan will allow staff to park in one area behind the health center. The amount of parking covers the shift of greatest employment (daytime). Also, there will be a drop off area and entry door to the residential care portion of the building so visitor parking is needed in that location. In addition, there will be 10 parking spaces designated for contractors doing work at the site. The preliminary plan will show the specific details of the parking, assured Mr. Youngblood, pointing out the number of parking spaces proposed is the amount needed, not excess.

Reg Gignoux asked if additional garage spaces are proposed. Bill Youngblood stated the parking spaces will be constructed, but approval for the buildings (garages) is requested as well (will be constructed in the future). The preliminary plan will clearly show where the garages are located.

Chris Neme asked if there are any changes to the northern most edge of the cottage development. Bob Burley stated there is less density (single family units rather than 4-plexes). There is 290’ to the edge of the meadow. The northern boundary is more in the woods and to the east.

Chris Neme asked about retention ponds. Mr. Burley explained there will be a retention pond at the end of the new development. Other storm water drainage will flow to the existing pond. The preliminary plan will show the details. There will be a pump station at the low point. Access to the pump station is under discussion.

Rick Peterson mentioned sight lines when clearing for the new entryway. Mr. Burley confirmed there will be some clearing, but new plantings will be done to restore screening. Chairman Peterson asked if Phase 1 is obscured by existing vegetation. Bill Youngblood confirmed this. Chris Neme asked if the development can be viewed from Bostwick Road. Mr. Burley said the development is not visible from Bostwick Road or the lower portion of Wake Robin Drive.

STAFF REPORT
Dean Pierce reported the applicant met with the Natural Resources Committee and Paths Committee. Input was provided on an earlier version of the plan. There were no natural resources or path issues. The applicant needs to resolve emergency access issues with the Fire Chief.

There was discussion of pedestrian path connections. Rick Peterson asked about an easement on the southerly side of Bostwick Road across to Wake Robin Drive through the undeveloped area to the 60’ right-of-way. Bill Youngblood noted there is a ridge and it would be difficult to create a path. The logging road on the adjacent Meach Cove property was suggested as a potential path if the property owner is amenable. Chris Neme asked about an easement for connections in the future. Michael Furlong, attorney for the applicant, stated the insurance underwriter for the health care facility indicated a public access easement compromises insurance coverage. The land would have to be deeded to the town, rather than an easement granted. Mr. Furlong will forward the email regarding insurance coverage to the Planning Commission. Bill Youngblood stated the road by the bridge on Bostwick Road is being ramped up for the railroad so the ground would not be level for a path. Rick Peterson asked the applicant to consider conveying property on the southerly side of Bostwick Road for a pedestrian/recreation path. Mr. Youngblood noted the main power feed to the development comes through the proposed path easement area.

Reg Gignoux asked about the recent legal settlement and if the group(s) involved has viewed the latest version of the plan. Mr. Furlong stated the settlement mandates building within the restricted covenant which the current site plan achieves. There has been ample time for the site plan to be reviewed by interested parties.

In response to a question about open space, the applicant confirmed there will be 100 acres of open space and 36 acres of developed space.

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

DELIBERATION/DECISION
Sketch Plan, Wake Robin Corporation, 200 Wake Robin Drive (SUB03-08)
MOTION by Kay Kraushaar, SECOND by Reg Gignoux, to grant sketch plan approval to Wake Robin Corporation for an expansion involving construction of 37 cottages and creation of 18 skilled nursing beds in accordance with the plans submitted and with the following conditions/materials to be submitted for preliminary plan approval:
1. information addressing whether it is impractical for the applicant to provide more than one means of ingress/egress to the proposed cottages;
2. information clarifying the visibility of the project from the north and west, particularly the northernmost cluster of cottages;
3. information on sight distances at proposed intersections and anticipated changes in trip generation and traffic resulting from the project;
4. information addressing any concerns raised by Town staff, the Fire Chief, and/or the Town’s consulting engineer;
5. information on the possibility of a pedestrian/recreation path along the southerly side of Bostwick Road;
6. information on how visibility may be impacted by detention basins and exterior lighting;
7. information pertaining to any permit conditions or settlement terms that address preservation of some portion of the parcel as open space, and the feasibility of open space being committed to a conservation easement held by a third party.
VOTING: unanimous (6-0); motion carried.

5. DISCUSSION OF TOWN PLAN UPDATE
The Planning Commission conducted a work session on the Town Plan update.

6. OTHER BUSINESS/CORRESPONDENCE
VELCO
Reg Gignoux reported the community group has drafted 65 questions to be reviewed by the Selectboard then submitted to the Public Service Board which will forward the questions to VELCO for a response within 21 days. The questions deal with concerns about the project and incorporating a utility overlay district in the future (i.e. there would be no residences allowed with 500’ of the power line).

7. ADJOURNMENT



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

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TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
OCTOBER 23, 2003

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

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Tom Little, Persis Post, Margory Sharp, Stephen Dates, Herbert Waltskin, Yvonne Brodel, Dorothy Lowe, Lorolei Haukness, Dave Marshall, Spalding Blanchard, Rebecca Sterns, Dana Farley, Steve Vock.

AGENDA: 1. Call to Order and Approval of Minutes (10/9/03) 2. Boundary Line Adjustment, Aileen Stephens, Frank E. Talbott and Michaela Ryan, 1022 and 1036 Falls Road (BLA03-04) 3. Sketch Plan Review, Steven and Carrie Phillip, 711 Bishop Road (SUB03-09) 4. PRD Preliminary Plan Review, Burlington Drive-In Theatre Inc./Bullock Corporation/Shelburne Bay Senior Living Community LLC, 185 Pine Haven Shore Road (SUB98-6R2) 5. Other Business, Correspondence 6. Adjournment

1. CALL TO ORDER Rick Peterson, Chairperson, called the meeting to order at 7:35 p.m. Minutes OCTOBER 9, 2003 MOTION by Hilda White, SECOND by Reg Gignoux, to approve the 10/9/03 minutes with the following correction: Globally correct the spelling of “Dorothea”.
VOTING: unanimous (5-0); motion carried.

2. BOUNDARY LINE ADJUSTMENT, AILEEN STEPHENS, FRANK E. TALBOTT/MICHAELA RYAN, 1022 and 1036 FALLS ROAD (BLA03-04) Tom Little, representing Aileen Stephens, appeared on behalf of the application.

APPLICANT COMMENTS Mr. Little concurred with the statements in the staff report, and requested the Planning Commission adopt the staff recommendation of approval. Mr. Little explained the boundary line adjustment is to allow the driveway for 1022 Falls Road to be properly located on the lot. Previously, when both lots were owned by Aileen Stephens, only one driveway was needed to access the property which was comprised of both lots.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 10/23/03. Dean Pierce clarified the out buildings are closer to the outside boundary line than required, but the current boundary line adjustment does not impact that situation. PUBLIC INPUT There were no comments from the public on the application.

DELIBERATION/DECISION Boundary Line Adjustment at 1022 Fall Road, Aileen Stephens (BLA03-04) MOTION by Reg Gignoux, SECOND by Hilda White, to grant a boundary line adjustment for the reconfiguration of the boundary between the properties of Aileen Stephens (1036 Falls Road) and Frank E. Talbott/Michaela Ryan (1022 Falls Road) as depicted on the plans submitted.
VOTING: unanimous (5-0); motion carried.

3. SKETCH PLAN REVIEW, STEVEN AND CARRIE PHILLIP, 711 BISHOP ROAD (SUB03-09) Steve Vock appeared on behalf of the application. APPLICANT COMMENTS Steve Vock explained the plan to subdivide a 24 acre parcel off Bishop Road into two lots of 15.6 acres and 8.1 acres. The location of the newly created lot and proposed house were also reviewed. The access road to the new lot will be on the east side of the lot due to wetlands. Lot #3 has 172’ of frontage on Beaver Creek Road (private road). If access from Beaver Creek Road becomes an option, that is the first choice. Discussions with residents on Beaver Creek Road are underway. The new lot will be served by on-site water and sewer.

STAFF REPORT Dean Pierce noted the application is a re-subdivision of a lot created from a previously approved subdivision. The current owner is not the same property owner during the original three lot subdivision. Steve Vock requested the Planning Commission consider the application a minor subdivision. Dean Pierce stated the applicant received a variance from the Zoning Board for frontage being less than the 400’ requirement. Steve Vock requested the Planning Commission consider the lot an internal lot with a 25’ right-of-way to the property. Dean Pierce stated the frontage on lot #2 on the 60’ right-of-way (within the lot) is applied toward the required frontage. Rick Peterson asked about sight distances. Steve Vock stated the access is on the inside of the curvature. The sight distances for the speed limit meet the requirements. Rick Peterson asked about storm water drainage. Dean Pierce stated the application does not need a storm water permit. Steve Vock explained there will be no collection of storm water since there is treatment as a result of sheet flow. The applicant will comply with all state permits. Chairman Peterson asked about paths/trails. Dean Pierce stated the Paths Committee is aware of the project, but there have not been discussion as yet about paths or trails. It was suggested the Natural Resources Committee and Paths Committee be invited to join the site visit if one is scheduled. Dean Pierce stated the applicant must address the comments from the Fire Chief regarding emergency vehicle access. Regarding road standards, there are standards within the subdivision regulations for development roads (generally these are roads to be taken over by the town), but the roadway to the proposed lot may not be that type of road. Steve Vock explained a 12’ wide driveway with bypass areas of 24’ wide to allow vehicles to pass each other is envisioned. Mr. Vock said he will further discuss road matters with the Fire Chief to develop a road with adequate turning radius for fire trucks. The need for a 60’ right-of-way for the driveway may not be necessary, so a 50’ right-of-way is shown on the plan to accommodate the driveway, drainage, and utilities, stated Mr. Vock. Reg Gignoux inquired about the new house being set farther back from the property line. Steve Vock agreed the preferred location is farther from the property line.

PUBLIC INPUT Steven Dates, Beaver Creek Road, stated the consensus of the Beaver Creek neighborhood is no more access road openings on Beaver Creek Road. Carrie Phillip stated discussions with the Beaver Creek Homeowners Association have been held, and offer of payment for an access road and utilities for the new lot has been made. Discussions will continue, stated Ms. Phillip. There were no further comments from the public on the application.

DELIBERATION/DECISION Sketch Plan for Subdivision at 711 Bishop Road, Phillip (SUB03-09) MOTION by Reg Gignoux, SECOND by Chris Neme, to conduct a site visit in connection with the sketch plan submitted by Steven and Carrie Phillip, 711 Bishop Road, on Saturday, November 1, 2003, 9 a.m. VOTING: unanimous (5-0); motion carried. MOTION by Hilda White, SECOND by Kay Kraushaar, to continue review of the sketch plan submitted by Steve and Carrie Phillip, 711 Bishop Road, until November 13, 2003. VOTING: unanimous (5-0); motion carried.

4. PRD PRELIMINARY PLAN REVIEW, BURLINGTON DRIVE-IN THEATRE, INC./BULLROCK CORPORATION/SHELBURNE BAY SENIOR LIVING COMMUNITY LLC, 185 PINE HAVEN SHORE DRIVE (SUB98-6R2) Dave Marshall and Rebecca Stearns appeared on behalf of the application. APPLICANT COMMENTS Dave Marshall reviewed the site plan showing an increase in elderly housing units (47 new units and two building additions on the north and south side of the existing building). Concerns regarding aesthetics expressed by the neighbors have been addressed. The existing screening will be maintained. Rebecca Stearns showed photographs of the view from Pine Haven Shore Lane toward Shelburne Bay Senior Housing (the roof line is slightly visible) and from Pine Haven Shore Drive and the entrance road (the buildings are barely visible). Dave Marshall noted a stabilized access along the west side of the pond has been installed to address the Fire Chief’s concern about large tower trucks being able to gain access to the proposed building additions. Some landscaping trees have been removed to allow access to the existing building by fire trucks. All the technical issues noted by town staff, including the items listed in the letter from the Town’s consulting engineer, dated 10/22/03, will be addressed. A study of traffic and parking done by Lamoureux & Dickinson showed the proposal will have minimal impact on traffic in the area and 84 parking spaces with the ability to add six more spaces in the future if needed is the appropriate number for the use based on past experience. Currently, there are 34 residents without cars living at Shelburne Bay. The one-to-one ratio of parking spaces to units may be too high for the elderly housing use, stated Mr. Marshall. Hilda White asked about snow removal/storage. Dave Marshall showed the areas where snow is plowed (off the end and sides of the parking lot). The storm water system will handle drainage. Kay Kraushaar asked about the difference in height between the existing building and proposed additions. Dave Marshall calculated the additions to be no higher than 35’. Chris Neme asked about the trees along the property line with Artec. Dave Marshall explained the plantings (Blue Spruce by the entry off Pine Have Shore Drive). Some trees between Artec and Shelburne Bay will be removed and some trees will be replaced and/or relocated. Many of the trees planted per the 1999 site plan are not shown on the current site plan. Rick Peterson asked about lighting. Dave Marshall explained the existing lights will be relocated along the newly located roadway. Reg Gignoux asked about perimeter lighting for the new building additions and pathways. Mr. Marshall stated there is nothing shown on the plan and the applicant wants to be sensitive to the surrounding residential areas with regard to lights shining on their properties. The paths can be used dawn to dusk by the residents. Rebecca Stearns pointed out there are building mounted lights on the existing building for safety purposes. This can be considered for the additions as well.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 10/23/03, and a supplemental staff report, dated 10/23/03. Dean Pierce noted the site plan reflects the primary comments from the Fire Chief. Mr. Pierce asked about the sidewalk along the access road to Route 7. Dave Marshall stated the sidewalk in the original approval was an extension of the 24’ wide pavement of the access road. There was never a striped or delineated sidewalk shown on the plan. Rebecca Stearns pointed out the residents primarily use the walking paths around the building or walk down the driveway connecting to Pine Have Shore Drive. There have not been conflicts with traffic. There was further discussion of the bituminous “sidewalk” to Route 7 and possibly raising the sidewalk from the road or having a curb separation. The applicant noted this is not a high use area. Chris Neme asked about a raised sidewalk on the access road to Pine Haven Shore Drive. Dave Marshall pointed out there is limited right-of-way, wetlands, and existing plantings in the area. It should first be determined if there is a safety issue before installing a raised sidewalk, suggested Mr. Marshall. Rebecca Stearns explained the residents of Shelburne Bay tend not to cross Route 7, and if fact, this is not recommended. If residents want to go to a store on Route 7, then staff will drive them. The majority of the residents walk around the building, down the drive to Pine Haven Shore Drive and Pine Haven Shore Lane. Striping of the pedestrian lane to Route 7 can be done when the parking is re-striped, suggested Ms. Stearns, adding a raised sidewalk and curb would create a safety issue for residents. The residents of the additional housing units will not increase the use of the sidewalks, but the walkway around the buildings and pond will be utilized. Following further discussion, the consensus of the Planning Commission is to delineate the sidewalk area(s), but there is agreement raised sidewalks would be a safety issue. Kay Kraushaar asked about the nearest bus stop. Rebecca Stearns answered the Mobil Short Stop is the closest, but the bus will stop for passengers by the Travel Lodge and the bowling alley. Chairman Peterson mentioned the waiver for the front setback requirement of 520’. The building is 467.65’ from the front property line (waiver of 52.35’ is needed). The Town Attorney has advised the Planning Commission can not issue a waiver under the current regulations. Dana Farley pointed out the request for a waiver was part of the application because it was required as part of the regulations. Implicit in the sketch plan approval received by the applicant is the granting of approval for any necessary waiver approvals. A new waiver as part of preliminary plan approval is not being requested. The statements in the letter from the Town Attorney are acknowledged, stated Ms. Farley. Rick Peterson clarified the Planning Commission did not grant or deny a waiver at sketch plan approval. The applicant has the option to request a variance from the Zoning Board for the front yard setback. Options for the Planning Commission include taking no action on the request for a waiver, declining the Town Attorney’s advice and adopt/granting the waiver request, following the Town Attorney’s advice and instructing the applicant to bring the matter before the Zoning Board, or holding the request in abeyance (delay the decision until final review) while proceeding with the ordinance amendment process. Dana Farley reiterated the applicant does not have an expressed need for a waiver; it was just part of the application procedure. Hilda White asked if the setback could apply to the building additions. Dean Pierce stated the front of the building is the point of measurement. Staff tried to find a way to provide the applicant with an explicit waiver, but was not successful.

PUBLIC INPUT Gerry Francis, adjacent neighbor, testified residents of Shelburne Bay do not walk to Shelburne Road and cross Route 7, and spoke against adding sidewalks because the roads (access road and Pine Haven Shore Drive/Lane) are very safe. The sidewalks are not needed. There is no traffic and Pine Haven Shore Drive is wide. Curbing is not needed. Mr. Francis spoke positively about the project as currently designed. The neighbors do not have concern about having a view of the buildings and like the architecture. The original proposal for a four-story building with a flat roof was a concern. The existing lighting is fine, continued Mr. Francis. It is not intrusive. Parking is not a problem at the site, even with the extra units. Mr. Francis said he has never seen the parking lot full. The plan as redesigned meets the concerns of the neighbors which is appreciated, declared Mr. Francis. There were no further comments from the public on the application.

DELIBERATION/DECISION PRD Preliminary Plan Review, Burlington Drive-In Theatre, Inc./Bullrock Corporation/Shelburne Bay Senior Living Community LLC, 185 Pine Haven Shore Drive (SUB98-6R2) MOTION by Reg Gignoux, SECOND by Chris Neme, to approve the preliminary plan submitted by Burlington Drive-In Theatre, Inc./Bullrock Corp. to expand the Shelburne Bay Senior Living Community LLC located at 185 Pine Haven Shore Drive in accordance with the plans submitted and subject to the following conditions: 1. plans shall be revised to address the items contained in the letter from Luther Tenny, PE, of Phelps Engineering, dated 10/22/03; 2. action on the applicant’s request for zoning related waivers shall be deferred until Final Plan approval is considered by the Planning Commission, and the lack of an explicit waiver in conjunction with Preliminary Plan approval shall not prejudice consideration of the application for Final Plan approval; 3. the applicant shall prepare a lighting plan to include the areas of pedestrian circulation on the site; 4. the pedestrian walkway along the access road to Route 7 shall be delineated with striping. VOTING: unanimous (5-0); motion carried.

5. OTHER BUSINESS/CORRESPONDENCE Change to Zoning Ordinance Relative to Front Yard Setback Dean Pierce suggested the Planning Commission consider changing the ordinance to allow waiver of up to 20% of the setback requirement if there are conditions that offset the need for a buffer. MOTION by Hilda White, SECOND by Chris Neme, to approve warning a public hearing on a change to Section 1630.2.2 of the zoning ordinance relative to front year setback requirements and Planned Residential Developments with language to read as follows: “2. Minimum front yard setbacks pertaining to the periphery of the Planned Residential Development (PRD) as specified for the District in which the Planned Residential Development is located, however, in connection with a PRD with a front yard on Route 7 in the residential/commercial district, the Planning Commission may act to reduce the front yard minimum by up to 20 percent (20%) if it finds one or more of the following: • Heavy vegetation reduces the need for buffering of the PRD from adjoining properties, highways, or rights-of-way; • Topography or slope reduces the need for buffering of the PRD from adjoining properties, highways, or rights-of-way; • Other conditions deemed by the Planning Commission to mitigate the impact of the project on adjoining properties, highways, or rights-of-way. Irrespective of the above calculation and determination, however, the front yard minimum shall not be less than 90 feet (90’).” VOTING: unanimous (5-0); motion carried.

6. ADJOURNMENT MOTION by Reg Gignoux, SECOND by Kay Kraushaar, to adjourn the meeting. VOTING: unanimous (5-0); motion carried. The meeting was adjourned at 10:20 p.m. Minutes respectfully submitted by M.Riordan, Recording Secretary.