Planning Commission Minutes

TOWN OF SHELBURNE PLANNING COMMISSION
MINUTES OF MEETING
DECEMBER 11, 2003

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

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Bruce & Virginia Righi, Margery Sharp, Gary Solow, George Faris, Jerry Francis, Ross Mohn, Patrick O’Brien, Dave Marshall, Mark Neagley, Staige Davis. AGENDA: 1. Call to Order and Approval of Minutes (11/13/03) 2. Design Review, Three Brothers Corp./Ark Veterinary Hospital, 5070 Shelburne Road (DR03-24) 3. Sketch Plan Review, Wayne Turiansky & Lorrie Smith/Bruce & Virginia Righi, 1117 Webster Road (SUB03-10) 4. PRD Final Plan Review, Burlington Drive-In Theatre Inc./Bullrock Corporation/Shelburne Bay Senior Living Community LLC, 185 Pine Haven Shore Road (SUB98-6R2) 5. PRD Final Plan Review, Forest Park Realty Corporation, Thompson & Irish Hill Roads (SUB01-07) 6. Sketch Plan Review, Randall, Arlene & Jamie Fisher, 38 Webster Lane (SUB03-11) 7. Final Plan Review, Benchmark Shelburne Senior Housing LLC/Shelburne Cliffs Partnership, 333 Morgan Drive (SUB03-05) 8. Site Plan Amendment, Town of Shelburne/Lake Champlain Housing Development Corp., Noonan House, 5404 Shelburne Road (SP00-4R4) 9. Other Business, Correspondence 10. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES Rick Peterson, Chairperson, called the meeting to order at 7:30 p.m. Minutes NOVEMBER 13, 2003 MOTION by Hilda White, SECOND by Kay Kraushaar, to approve the 11/13/03 minutes as written. VOTING: unanimous (6-0) [Fred Schmidt not present for vote]; motion carried.

2. DESIGN REVIEW, THREE BROTHERS CORP./ARK VETERINARY HOSPITAL, 5070 SHELBURNE ROAD (DR03-24) Gary Solow appeared on behalf of the application.

APPLICANT COMMENTS Mr. Solow reviewed the material to be used for the sign at the veterinary hospital (pressure treated wood with vinyl cladding). The Bank North sign will be removed from the existing sign and the Timberland Dental sign will be secured. There will be plantings around the sign to hide the lights that will illuminate the sign from the ground. The design of the sign does not appear to allow lighting from above.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/11/03.

PUBLIC INPUT None.

DELIBERATION/DECISION Design Review, Ark Veterinary Hospital, 5070 Shelburne Road (DR03-24) MOTION by Hilda White, SECOND by Reg Gignoux, to grant design review approval to Ark Veterinary Hospital for a new (replacement) sign on property at 5070 Shelburne Road consistent with the plan submitted and with the following conditions: 1. the panel advertising Timberland Dental must be secured and not free-hanging; 2. any changes to the sign design that are reviewed and approved by the HP&DRC (e.g. sign color) need not undergo further review by the Planning Commission; 3. appropriate landscaping around the base of the sign shall be planted to hide the lights. VOTING: unanimous (6-0) [Fred Schmidt not present for vote]; motion carried.

3. SKETCH PLAN REVIEW, WAYNE TURIANSKY & LORRIE SMITH/BRUCE & VIRGINIA RIGHI, 1117 WEBSTER ROAD (SUB03-10) Bruce and Virginia Righi appeared on behalf of the application.

APPLICANT COMMENTS The applicant explained the subdivision of the 3.21 acre lot into two lots. A new residence will be built on the newly created lot. The driveways for the two lots will be combined. The existing driveway will be extended to the back of the house (making this the front entrance). The proposed driveway layout avoids forcing cars to back out onto Webster Road. Rick Peterson asked about the frontage requirement, and if a variance will be sought from the Zoning Board. Mr. Righi stated a right-of-way for the driveway may be granted instead.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/11/03. Rick Peterson asked about location of the town path on the property. Dean Pierce stated the Paths Committee requested an easement be granted consistent with the study done on the location of a town recreation path in the area (recommendation is along the western boundary and across the northern portion of the property). It was noted the existing house is historic and located very close to the road. There was discussion of the recreation path from the Boulder Hill development and using the sewer easement as a path location (not feasible). The applicant agreed to give more consideration to the easement location for a town path. There was discussion of doing a site visit.

PUBLIC INPUT Dave Marshall, representing the Fishers, stated his clients would like to move in a direction that is in the best interest of all parties with regard to the location of a recreation path. More information on what can and can not be done by historic structures is needed. There were no further comments.

DELIBERATION/DECISION Sketch Plan Review for Subdivision, Turiansky/Righi, 1117 Webster Road (SUB03-10) MOTION by Reg Gignoux, SECOND by Chris Neme, to conduct a site walk of the property at 1117 Webster Road on Saturday, 12/13/03, 8:30 a.m., and to continue the hearing on the application until 1/22/04. VOTING: unanimous (7-0); motion carried.

4. PRD FINAL PLAN REVIEW, BURLINGTON DRIVE-IN THEATRE INC./BULLROCK CORPORATION/SHELBURNE BAY SENIOR LIVING COMMUNITY LLC, 185 PINE HAVEN SHORE ROAD (SUB98-6R2) Dave Marshall appeared on behalf of the application. APPLICANT COMMENTS Dave Marshall stated the outstanding technical details have been addressed. Striping of the walkway on the access road from Route 7 is done. The lighting plan includes building mounted lights on the addition, but Shelburne Bay staff want to keep the clientele close to the buildings so lighting of the path around the pond was not done. The zoning change related to frontage requirements for a PRD has not yet been finalized.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/11/03. Dean Pierce stated if the Selectboard adopts the zoning change at the 12/18/03 meeting, final plan approval could be done by the Planning Commission at the next meeting (1/8/04). Mr. Pierce noted receipt of a comment letter from Phelps Engineering. A copy will be forwarded to the applicant. There is nothing of substance that has not been resolved with the application, stated Mr. Pierce.

PUBLIC INPUT None.

DELIBERATION/DECISION PRD Final Plan, Shelburne Bay Senior Living, 185 Pine Haven Shore Rd. (SUB98-6R2) MOTION by Kay Kraushaar, SECOND by Fred Schmidt, to continue the final plat application by Shelburne Bay Senior Living for 185 Pine Haven Shore Road until 1/8/04. VOTING: unanimous (7-0); motion carried.

5. PRD FINAL PLAN REVIEW, FOREST PARK REALTY CORPORATION, THOMPSON & IRISH HILL ROAD (SUB01-07) Patrick O’Brien appeared on behalf of the application.

APPLICANT COMMENTS Patrick O’Brien updated the Planning Commission on activities with the proposed development. The proposal is being prepared for Act 250 review and application for state and federal permits. Extensions were needed in order to secure some state permits. The goal is to have the Planning Commission review the project in its entirety at the February Planning Commission meeting. Mr. O’Brien asked if minor changes to the site plan could be made based on market research (i.e. show duplexes instead of four-plexes without changing footprints). Rick Peterson clarified the final plat is not the time to reconfigure the project. Changes to the plan should occur earlier in the review process. Mr. O’Brien expressed concern about the left turn lane for the development that will be built on Irish Hill Road, noting this is a transition area from village to rural. There are no other left turn lanes onto Dorset Street or Spear Street from Irish Hill Road.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/11/03. Dean Pierce noted the report from Sue Morse (wildlife expert) has not yet been received. Letters from adjoining property owners were given to the applicant. PUBLIC INPUT An individual asked for clarification of the location of the planned development. Patrick O’Brien reviewed the site location. Ross Mohn, Shelburne resident, asked about a provision for paths. Patrick O’Brien pointed out the location of a 30’ wide recreation path/utility easement on the property. The path may connect to Webster Road in the future. There is a sidewalk within the development leading to the beginning of the bike path. Also, 23 acres will be donated to the town. This area will expand the LaPlatte basin. Mr. O’Brien pointed out the open space must conform to the forest management plan, and urged the Planning Commission to be cognizant of all the stipulations attached to the land donation to ensure the town receives what is desired. The Planning Commission will review the agreement(s). There was further discussion of the area for trails (existing trails, nature areas, sycamore trees). There were no further comments.

DELIBERATION/DECISION PRD Final Plan, Forest Park, Thompson & Irish Hill Roads (SUB01-07) MOTION by Reg Gignoux, SECOND by Hilda White, to continue the Forest Park application for Thompson and Irish Hill Road until 2/12/03. VOTING: unanimous (7-0); motion carried.

6. SKETCH PLAN REVIEW, RANDALL, ARLENE & JAMIE FISHER, 38 WEBSTER LANE (SUB03-11) Dave Marshall appeared on behalf of the application.

APPLICANT COMMENTS Dave Marshall explained the proposal to subdivide the front lot and form a new lot of 1.5 acres. There are no wetlands on the property as previously thought. A pond was created in the past, but this has since been filled in. Regarding a recreation path, further discussion is needed on the appropriate location for the path. The right-of-way will follow the as-built location of the access road, stated Mr. Marshall. There was discussion of the reconfiguration of the entrance to Webster Lane (eliminate the grass triangle). The new lot will be served by municipal water service (one inch line from Stonegate). Another one inch water line will connect to the lot owned by Jamie Fisher, if necessary.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/11/03. Dean Pierce stated Public Works feels eventually the Farrell lot will want to connect to municipal water service, but the size of the line is not adequate to handle another residence. Dave Marshall stated the Farrells can choose to extend the water line to their lot. The Planning Commission felt a site visit would be beneficial.

PUBLIC INPUT Virginia Righi, Shelburne resident, asked about the recreation path on the Fisher property. Dave Marshall stated the Fishers support having the path along Webster Road, but not in the rear of their property. It was noted the path is proposed to be within the existing town right-of-way, but it must turn north at some point. Ross Mohn, 40 Old Stage Lane, asked if the one inch water line is existing. Dave Marshall stated the Fishers installed the line. Mr. Mohn expressed concern about lights on the bike path. Dave Marshall stated no additional lighting other than the street lights is planned. There will likely be lights on the houses (private lighting). There were no further comments.

DELIBERATION/DECISION Sketch Plan, Fisher, 38 Webster Lane (SUB03-11)

MOTION by Fred Schmidt, SECOND by Chris Neme, to conduct a site visit at 38 Webster Lane on Saturday, 12/13/03, 8:30 a.m., and to continue the application until 1/22/04. VOTING: unanimous (7-0); motion carried.

7. FINAL PLAN REVIEW, BENCHMARK SHELBURNE SENIOR HOUSING LLC/SHELBURNE CLIFFS PARTNERSHIP, 333 MORGAN DRIVE (SUB03-05) Dave Marshall, Mark Neagley, and Staige Davis appeared on behalf of the application. Reg Gignoux recused himself from deliberation and decision on the application.

APPLICANT COMMENTS Dave Marshall reviewed the location of the access road and structures on the property. The boundary line adjustments with the Thomas property (transfer of .72 acres) and the Greyson property (.027 acres) were also reviewed. The planned dry line and sprinkler systems for fire protection were explained. There was discussion of the location of the existing garage encroaching on the 50’ setback by approximately four feet. If the garage must be moved, then a mature cedar hedge will be lost.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/11/03. Dean Pierce addressed the existing garage and the 50’ setback, noting the building is in the rear yard, not the front yard, so there is some flexibility. Also, the property was originally developed as a single family residence, not a PRD, so the garage was in compliance as part of a single family residence. The building is pre-existing. State law allows an existing structure to be used, but not made more nonconforming. Rick Peterson stated the applicant can use discretion with regard to seeking Zoning Board approval for an expansion or moving the building to meet the setback.

PUBLIC INPUT None.

DELIBERATION/DECISION Final Plan, Benchmark Shelburne Senior Housing/Shelburne Cliffs, 333 Morgan Drive (SUB03-05)

MOTION by Fred Schmidt, SECOND by Hilda White, to approve the boundary line adjustments proposed by Shelburne Cliffs Partnership in accordance with the plans submitted. VOTING: unanimous (6-0); motion carried. MOTION by Kay Kraushaar, SECOND by Fred Schmidt, to approve the PRD (Planned Residential Development) proposed by Shelburne Cliffs Partnership in accordance with the plans submitted and subject to the following conditions: 1. prior to recording 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. the northwesterly garage structure may remain in the location presented, however, before a Certificate of Occupancy is issued, the applicant must obtain conditional use approval for modification of a pre-existing, nonconforming structure. VOTING: unanimous (6-0); motion carried. Reg Gignoux returned to the Planning Commission.

 8. SITE PLAN AMENDMENT, TOWN OF SHELBURNE/LAKE CHAMPLAIN HOUSING DEVELOPMENT CORP., NOONAN HOUSE, 5404 SHELBURNE ROAD (SP00-4R4) John Powell, Lake Champlain Housing, appeared on behalf of the application.

APPLICANT COMMENTS Mr. Powell explained the change in use of space in the Noonan House from office to retail. There will be no changes to the site. Regarding parking, with the low impact retail use, people will be coming and going all day long with only short stays at the site. For the single bedroom studio apartments in the house, one parking space per unit is adequate based on past experience with efficiency apartments. The parking for the apartments will be designated. STAFF REPORT The Planning Commission received a staff report on the application, dated 12/11/03. Dean Pierce stated the parking study of the lot and the shared uses shows demand for each use peaks at different times of the day. Mr. Pierce referenced a letter from Gordon Root, dated 12/11/03, requesting the Planning Commission not provide a waiver for parking when there is an existing business that can use the space without the need for a waiver. It was noted the Planning Commission previously did approve a waiver for parking for the office use. PUBLIC INPUT Colleen Haag, town employee, commented on the spirit in which the building was purchased (with a loan of taxpayer dollars) to be used by the general public rather than a private office. The planned thrift shop will recycle clothing, build community by providing a service to Shelburne, Charlotte, Hinesburg, and give back via grants to the community. Research shows people are willing to walk to thrift shops from parking located away from the shop, and that people only stay a short time. Parking will not be a problem, continued Ms. Haag, and there is public parking in the municipal lot by the Noonan House. Hours of operation will be 9 a.m. to 4 p.m., Monday through Saturday except on Friday when the shop will be open until 6 p.m.

DELIBERATION/DECISION Site Plan Amendment, Noonan House, 5404 Shelburne Road (SP00-4R4) MOTION by Fred Schmidt, SECOND by Reg Gignoux, to approve the applicant’s implied request under Sections 1670.1(m) and 1670.1(n) of the Shelburne Zoning Bylaws, and that the Planning Commission specifically finds a requirement of seven parking spaces for the two previously approved efficiency apartments and the proposed retail space is reasonable. VOTING: unanimous (7-0); motion carried.

MOTION by Reg Gignoux, SECOND by Chris Neme, to approve the site plan amendment requested by Lake Champlain Housing Development Corp. for the Noonan House, 5404 Shelburne Road, as presented in the plans submitted and subject to the following conditions: 1. two of the proposed seven parking spaces shall be reserved for the use of the Noonan House residents and shall be located in the northeast corner of the lot immediately south of the entrance to the municipal complex; 2. handicap parking shall be provided as shown on the overall site plan; 3. the conditions of design review approval relating to windows, roofing materials, power, telephone, cable lines being underground, the condenser pad, landscaping and access shall apply. VOTING: unanimous (7-0); motion carried.

9. OTHER BUSINESS/CORRESPONDENCE VELCO The Planning Commission authorized release of one of the questions on the Shelburne planning survey related to the VELCO power line location to the Public Service Board. Reg Gignoux urged the public to write to the Commissioner of the Dept. of Public Service on Plan A, B (VELCO routes through the community). Dean Pierce will provide the Planning Commission with the text and description of Plan A, B routes.

10. ADJOURNMENT MOTION by Reg Gignoux, SECOND by Chris Neme, to adjourn the meeting. VOTING: unanimous (7-0); motion carried. The meeting was adjourned at 10:15 p.m. Minutes respectfully submitted by M.Riordan, Recording Secretary.