Planning Commission Minutes

TOWN OF SHELBURNE PLANNING COMMISSION
 MINUTES OF MEETING
NOVEMBER 13, 2003

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

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Kris Engstrom, Henry Baker, Bruce Baker, Margery Sharp, Justin Wygmans, Jeff Nick, Tony Stout, B. Thomas, Jennifer Fitzgerald, Matthew Taylor, Lee Suskin, Steve and Carrie Phillip, Steve Vock.

AGENDA: 1. Call to Order and Approval of Minutes (10/23/03) 2. Public Hearing: Zoning Bylaw Amendment 3. Design Review, Town of Shelburne/Shelburne Baseball, 5420 Shelburne Road (DR03-03 & DR03-23) 4. Design Review, Joseph & Brenda Fernandez/Matthew Taylor & Jennifer Fitzgerald, 102 Harbor Road (DR03-20) 5. Design Review, Laurette Boisvert, et al/Henry & Alice Baker, 464 Falls Road (DR03-22) 6. Site Plan Approval Amendment, A.R.Associates, Inc., 2046 Shelburne Road (SUB00-6R4) 7. Final Plan Approval Amendment, Kristine Engstrom, 7 Harbor Road (SUB92-2R) 8. Sketch Plan Review Continuance, Steven and Carrie Phillip, 711 Bishop Road (SUB03-09) 9. Other Business, Correspondence 10. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES Rick Peterson, Chairperson, called the meeting to order at 7:36 p.m. Minutes OCTOBER 23, 2003 MOTION by Kay Kraushaar, SECOND by Hilda White, to approve the 10/23/03 minutes with the following correction: Globally correct the spelling of “Margery Sharp”; Page 5, 9th line – change “if fact” to “in fact”. VOTING: unanimous (5-0); motion carried.

2. PUBLIC HEARING: ZONING BYLAW AMENDMENT Chairman Peterson opened the public hearing at 7:38 p.m. and explained the proposed amendment to the zoning regulations related to setback requirements for a Planned Residential Development (PRD). There were no comments from the public. Chairman Peterson closed the public hearing at 7:40 p.m. MOTION by Hilda White, SECOND by Fred Schmidt, to approve the submission of the zoning amendment proposal as presented on November 13, 2003 to the Shelburne Selectboard, and to recommend that the Selectboard continue the zoning amendment process by conducting a public hearing on the proposal pursuant to 24VSA§4404. VOTING: unanimous (5-0); motion carried.

3. DESIGN REVIEW, TOWN OF SHELBURNE/SHELBURNE BASEBALL, 5420 SHELBURNE ROAD (DR03-03 & DR03-23) Jeff Nick appeared on behalf of the application. It was noted there are two design review applications related to the baseball fields before the Planning Commission, one for signs and one for fencing.

APPLICANT COMMENTS Jeff Nick reviewed the design, placement and maintenance of signs posted on the dugouts and fence around the Shelburne baseball fields at 5420 Shelburne Road. Samples of the signs were displayed. Mr. Nick also explained the need to increase the height of 20 feet of chain link fence by the dugouts by 18” in order to prevent foul balls from flying into the dugouts. The return portion of fence in front of the dugouts also needs to be replaced.

STAFF REPORT The Planning Commission received staff reports on the signs and fencing, dated 11/13/03. With regard to the signs, Dean Pierce pointed out the master plan for the ball field signs removes the need for the applicant to return to the Planning Commission provided there is compliance with the master plan.

PUBLIC INPUT There were no comments from the public on either the signs or the fence by the baseball fields.

DELIBERATION/DECISION Design Review for Signs and Fence, Shelburne Baseball, 5420 Shelburne Rd. (DR03-03 & DR03-23) MOTION by Fred Schmidt, SECOND by Kay Kraushaar, to grant design plan approval to Shelburne Baseball for the annual installation of signs consistent with the submitted “Shelburne Baseball Master Sign Permit Application” which shall be considered a Signage Master Plan for the portion of the Municipal Center complex managed by Shelburne Baseball, Inc., and further, that the condition limiting the approval of the signs to a one year period be deleted. VOTING: unanimous (5-0); motion carried. MOTION by Fred Schmidt, SECOND by Claude LaPierre, to grant design plan approval to Shelburne Baseball for the installation and replacement of fence screening the new baseball dugouts at the Municipal Center complex as presented in the plans submitted. VOTING: unanimous (5-0); motion carried.

4. DESIGN REVIEW, JOSEPH & BRENDA FERNANDEZ/MATTHEW TAYLOR & JENNIFER FITZGERALD, 102 HARBOR ROAD (DR03-20) Matthew Taylor appeared on behalf of the application.

APPLICANT COMMENTS Matthew Taylor explained a sign of the same size as the previous sign and using the same posts in the same location will be posted for his handcrafted jewelry design business. The new sign will have black background with gold leaf lettering stating “Matthew Taylor Designs”. Lighting will be the same type being used for the Knitter’s Laine sign.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/13/03.

PUBLIC INPUT Lee Suskin, neighbor, expressed concern for light from the sign filtering into his bedroom. The applicant stated the lights will be focused on the sign only, and will be on until approximately 9:30 p.m. There were no further comments from the public on the application.

DELIBERATION/DECISION Design Review for Sign, Fernandez/Taylor & Fitzgerald, 102 Harbor Road (DR03-20) MOTION by Fred Schmidt, SECOND by Hilda White, to grant design plan approval to Matthew Taylor for a new sign on property at 102 Harbor Road (former Margarita’s Restaurant) consistent with the plan submitted and subject to the following conditions: 1. lighting used shall be substantially similar to the lighting approved by the Planning Commission for the Knitter’s Laine sign on Falls Road, and shielded if necessary to avoid shining onto neighboring houses. VOTING: unanimous (5-0); motion carried.

5. DESIGN REVIEW, LAURETTE BOISVERT, et al/HENRY & ALICE BAKER, 464 FALLS ROAD (DR03-22) Bruce Baker appeared on behalf of the application.

APPLICANT COMMENTS Bruce Baker explained that his parents are in the process of purchasing the property at 464 Falls Road, and will demolish and remove the dilapidated house and barn on the site. Mr. Baker’s parents plan to build a single family, one story ranch house on the site approximately 153’ from the roadside. The garage will be set back slightly from the main house structure and trim will be added to the windows and doors per the recommendation of the Design Review Committee. There was discussion of the orientation of the new house and allowing flexibility to determine the exact footprint once the existing buildings are removed. Kay Kraushaar expressed concern about the new house being at an angle which is inconsistent with the other houses in the area. Dean Pierce pointed out the house will be setback from the roadside which will decrease the visual impact. Also, there will be vegetation planted which will help minimize any visual impact.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/13/03. Dean Pierce mentioned the involvement of the State of Vermont with regard to demolition of older buildings.

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

DELIBERATION/DECISION Design Review, Demolish Existing Structures and Construct Single Family House, Baker, 464 Falls Road (DR03-22) MOTION by Kay Kraushaar, SECOND by Fred Schmidt, to grant design review approval to Henry and Alice Baker for the demolition of structures on the property at 464 Falls Road. VOTING: unanimous (5-0); motion carried. MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to grant design review approval to Henry and Alice Baker per the plans submitted, date stamped 11/10/03, for the construction of a new modular home and site-built attached garage at the rear of the lot at 464 Falls Road subject to the following conditions: 1. trim shall be added to the windows and doors, and shall be a minimum cross-section dimension of four inches; 2. the fascia shall be a minimum of 5 ½ inches; 3. corner boards shall be added and shall be a minimum of 5 ½ inches; 4. the front steps shall be widened to measure a minimum of five feet; 5. the garage (not currently shown on the drawing) shall be substantially set back or detached from the house; 6. the siding shall be four inch vinyl clapboard; 7. the applicant has the option to slightly rotate the footprint of the house to the north and east. VOTING: unanimous (5-0); motion carried.

6. SITE PLAN APPROVAL AMENDMENT, A.R. ASSOCIATES, INC., 2046 SHELBURNE ROAD (SUB00-6R4) Tony Stout appeared on behalf of the application.

APPLICANT COMMENTS Tony Stout explained the grading change to the north side of the property behind the housing units closest to the neighboring nursery. A swale was installed rather than the slightly sloping backyards without drainage that were shown on the plans. Mr. Stout reviewed the drainage flow (into the storm basin and drainage system as approved). Regarding the walking trail, the previously proposed location (sidewalk to woods, along sewer corridor, up the north side of the units to Route 7) presents a problem for the mostly elderly property owners and occupants of the housing units. As well, the location creates privacy issues for residents. The area along the berm, by the storm basin, is flat and a gravel surface; better for the location of the path. There is also the potential to connect to the town trail in the future. The path easement to the town will be maintained. Mr. Stout reviewed the building footprints, noting the buildings are approximately 25’ farther to the east from the location shown on the original plans. The layout of the units has not changed. Units are built as they sell. Some units are occupied and some basements are built. Mr. Stout explained the removal of existing trees behind the units on the north side of the property that should have been retained. To compensate, the landscape plan has been adjusted. Sixty-five trees will be planted plus five trees retained among the units. Mature trees around the storm water basin will remain. Maple and birch trees will be planted down the tree line and on the south side of the property. Austrian Pine trees will be planted at the edge of the property and on top of the embankment. A cluster of maple trees has been added to the common area. Residents requested the maple tree planted in front of each unit be replaced with something that will not block the sunlight or shed leaves and branches. Small dogwoods are suggested. Technical details to be addressed include showing all lamp posts on the plan and correcting the names of the plantings, stated Mr. Stout.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/13/03. Dean Pierce noted a property owner to the north of the applicant’s development expressed concern about a vegetative belt not being retained, and that was the impetus for clarifying details on the plan.

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

DELIBERATION/DECISION Site Plan Amendment to Clarify Details on Development Plan, A.R. Associates, 2046 Shelburne Road (SUB00-6R4) MOTION by Hilda White, SECOND by Claude LaPierre, to approve the amendment of the PRD site plan submitted by A.R.Associates in accordance with the plans submitted subject to the following conditions: 1. prior to the recording of a revised mylar, the applicant shall update plans to address any unresolved concerns identified by Town staff, the Fire Chief, and the Town’s consulting engineer; 2. other conditions previously attached to the project as part of the Shelburne development review process shall remain in effect; 3. the plans shall be modified to show the third lamp post and the correct species of pine tree to read “Austrian Pine”. VOTING: unanimous (5-0); motion carried.

7. FINAL PLAN APPROVAL AMENDMENT, KRISTINE ENGSTROM, 7 HARBOR ROAD (SUB92-2R) Kristine Engstrom appeared on behalf of the application.

APPLICANT COMMENTS Kristine Engstrom explained the original subdivision of the lot was approved in 1991, and the permit specified no easement access to Harbor Road except for utilities. Access was to be from Blodgett Road which was assumed to be a town-owned road, but the town does not own the portion of Blodgett Road by the subdivided parcel. Without access, the parcel is landlocked and not a viable building lot. Lot #2 of the three-lot subdivision has an easement to Harbor Road. The barn shown on the plan straddles the boundary between Lot #1 and Lot #3. The barn is dilapidated and will be removed. There is a rudimentary dirt road to the barn from Harbor Road.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/13/03. Dean Pierce explained the “Catch 22” situation where the Planning Commission can not remove the condition related to access from Blodgett Road unless there is a 20’ right-of-way from Harbor Road (the parcel can not be made landlocked), and the buyer interested in Lot #3 can not purchase the parcel without an access easement. The owner of Lot #1 is willing to grant a right-of-way to the interested buyer of Lot #3, but not to the current owner of Lot #3. The current owner of Lot #3 can not sell the parcel without an access easement. Mr. Pierce suggested the Planning Commission take no action until negotiations between the parties conclude. PUBLIC INPUT Lee Suskin, Harbor Road, expressed concern about the right-of-way being close to his bedroom window, going under his deck, and by his kitchen. Mr. Suskin stated the record will reflect that he expressed concern about the right-of-way when the original subdivision of the property was granted. There was brief discussion of the potential for access to Lot #3 via the Suskin property. Justin Wygmans, potential purchaser of the property, stated negotiation of an access easement from the property owners of Lot #1 has been hampered due to the strained relationship between the owners of Lot #1 and Lot #3. The access issue must be settled before the property can be purchased. Mr. Wygmans’ plan for the site is to build a single family house for his residence. There were no further comments on the application.

DELIBERATION/DECISION Final Plan Approval Amendment for Access Easement, Engstrom, 7 Harbor Road (SUB92-2R) MOTION by Hilda White, SECOND by Fred Schmidt, to continue the review of the final plan approval amendment for 7 Harbor Road by Kristine Engstrom until January 8, 2004. VOTING: unanimous (5-0); motion carried.

8. SKETCH PLAN REVIEW CONTINUANCE, STEVEN & CARRIE PHILLIP, 711 BISHOP ROAD (SUB03-09) Steve Vock appeared on behalf of the application.

APPLICANT COMMENTS Steve Vock reviewed the location of the proposed new lot and access driveway from Bishop Road. In order to gain access from Beaver Creek Road, 100% concurrence of all members of the Beaver Creek Homeowners Association is needed because Beaver Creek Road is a private road. The applicant has offered to help pay for improvements to Beaver Creek Road and to join the Beaver Creek Homeowners Association. If Beaver Creek Road becomes a town road (significant improvements would be needed for this to happen), then access to the new lot would not be an issue. The applicant is also willing to work with the abutting landowner on the design of the house on the proposed eight acre lot. Rick Peterson referred to the letter from the applicant to the Beaver Creek Homeowners Association, dated 1/31/03, regarding the driveway and potentially connecting to the existing sewer and utility lines. The applicant clarified when the letter was written, on-site septic and water had not yet been investigated. Since that time, locations for an on-site septic system and a well have been identified on the property. Chairman Peterson said he is aware of situations where an access easement has been secured and the property owner has contributed pro rata to the maintenance of the main road. The applicant stated the issue with the property owner on Beaver Creek Road located adjacent to the new lot seems to be having a house built on land behind their house that has always been open. Chairman Peterson stated the Planning Commission is concerned with the length of the access road from Bishop Road to the new lot, and that the roadway crosses very wet areas. Steve Vock clarified the road will be a 12’ wide driveway with several pass-by areas for vehicles meeting each other on the driveway. A driveway has different construction standards than a road. There will be culvert work done to maintain the drainage pattern and not disturb the wetlands. It is preferred to have a shorter driveway coming from Beaver Creek Road, but the applicant can only control their own property. Mr. Vock pointed out similar long driveways are made when farm land is subdivided and developed. Steve Vock mentioned the possibility of creating an irregularly shaped subdivision to allow a buildable lot much closer to Bishop Road, and pumping the septic to the on-site septic area identified on the initially proposed housing site. This would provide the applicant with the option to wait and see if the situation with Beaver Creek Road changes, build their dream home on the subdivided lot, or sell the entire parcel without subdividing and purchasing property elsewhere. Fred Schmidt suggested the square footage of driveway in Shelburne should be compiled, and offered to help collect this data. Steve Vock noted the proposed driveway could be encouraged to look like a farm road (grass growth between the wheel paths) rather than a paved driveway.

STAFF REPORT The Planning Commission received a staff report on the application, dated 11/13/03. Dean Pierce mentioned the letter from the Natural Resources Committee regarding Class 2 wetlands and the impact of the development, and suggested the Planning Commission take the comments under consideration.

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

DELIBERATION/DECISION Sketch Plan Continuance for Subdivision, Phillip, 711 Bishop Road (SUB03-09) MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to continue sketch plan review for a subdivision at 711 Bishop Road by Steven and Carrie Phillip until January 8, 2004. VOTING: unanimous (5-0); motion carried.

9. OTHER BUSINESS/CORRESPONDENCE None.

10. ADJOURNMENT MOTION by Fred Schmidt, SECOND by Claude LaPierre, to adjourn the meeting. VOTING: unanimous (5-0); motion carried. The meeting was adjourned at 10:10 p.m. Minutes respectfully submitted by M.Riordan, Recording Secretary.