Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION MINUTES
MARCH 11 2004 MEMBERS

PRESENT Rick Peterson Chairperson Hilda White Fred Schmidt Claude LaPierre Kay Kraushaar Reg Gignoux was absent STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT Ken Cartularo Jeff Nick Judy Raven Russell Caffry Dave Marshall JeanCarol Dunham Chuck Dunham Margery Sharp

AGENDA

1 Call to Order and Approval of Minutes 22604

2 Design Review Town of ShelburneShelburne Baseball 5420 Shelburne Road DR0405

3 Design Review Gallery on the Green Shelburne Craft School 54 Falls Road DR0315

4 Final Plan approval Amendment Continuance Kristine Engstrom 7 Harbor Road SUB922R

5 Final Plan ReApproval andor Notice of Recording Bay Colony Estates Homeowners Association South of Bay Road and East of the LaPlatte River SUB0402

6 Site Plan Amendment Buono Appettito Corporation 31823198 Shelburne Road SP0301R1

7 Sketch Plan Review Continuance Charles and JeanCarol Dunham 13 Thomas Road SUB0401

8 Other Business Correspondence

9 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES

Rick Peterson Chairperson called the meeting to order at 734 pm Approval of February 26 2004 Minutes MOTION by Hilda White SECOND by Fred Schmidt to approve the 22604 minutes with the following amendments Page 3 Staff Report 2nd paragraph 3rd sentence – correct the spelling of “ratio Page 5 Motion on Wake Robin application condition 3 – replace “70 watts metal halide lights to 50 watt metal halide lights with “100 watt to 70 watt metal halide and 70 watt to 50 watt metal halide lights Page 7 Staff Report 6th sentence – correct “…building envelopes are far from the river… to read “…building envelopes as far from the river… VOTING unanimous 50 motion carried

2 DESIGN REVIEW TOWN OF SHELBURNESHELBURNE BASEBALL, 5420 SHELBURNE ROAD (DR0405) Jeff Nick appeared on behalf of the application

APPLICANT COMMENTS Jeff Nick explained the request for a flag pole without lights foul poles seasonal and a 15’ x 90’ batting tunnel The previously proposed 15’ x 12’ batting cage is not included at this time

STAFF REPORT The Planning Commission received a written staff report dated 22604 There were no further comments

PUBLIC INPUT None

DELIBERATION/DECISION Design Review Flag Pole Foul Poles Batting Tunnel Shelburne Baseball 5420 Shelburne Road DR0405 MOTION by Hilda White SECOND by Claude LaPierre to grant design plan approval to Shelburne Baseball for additions to the property at 5420 Shelburne Road consistent with the plans submitted subject to the following conditions 1 the 30’ flag pole shall be erected solely for the purpose of displaying the American andor Vermont State flags 2 there shall be no lighting of the flag pole 3 foul poles when installed shall be no taller than the existing scoreboard approximately 12’ and shall be seasonal April through September 4 the existing batting tunnel may be extended to 90’ using materials consistent with the existing materials 5 necessary repairs or alterations to the existing batting tunnel shall be done with materials consistent with the existing materials VOTING unanimous 50 motion carried

3 DESIGN REVIEW GALLERY ON THE GREEN SHELBURNE CRAFT SCHOOL 54 FALLS ROAD DR0315 Judy Raven appeared on behalf of the application APPLICANT COMMENTS Judy Raven explained the sign under review and noted the simplification of the post is shown on the drawing submitted to the Planning Commission presently The color scheme will be offwhite dark green and black The location of the sign is close to Falls Road and visible from Falls Road in both directions There was brief discussion of the temporary signs in the “community space by Shelburne Craft School

STAFF REPORT The Planning Commission received a written staff report dated 31104

PUBLIC INPUT None

DELIBERATION/DECISION Design Review Sign Gallery on the Green Shelburne Craft School 54 Falls Road DR0315 MOTION by Kay Kraushaar SECOND by Hilda White to grant design plan approval to Shelburne Craft School for a sign to serve the Gallery on the Green on town owned property at 54 Falls Road consistent with the plans submitted at the 31104 Planning Commission meeting subject to the following conditions 1 posts shall be rotresistant and clad with wood 2 decorative elements on the posts shall appear on three sides of each post 3 decorative elements on the posts may be applied using appropriate adhesives or alternatively carved into the posts 4 fonts utilized on the sign shall be substantially similar to those currently used on the temporary sign at the Gallery on the Green 5 lighting of the sign including fixtures and wattage shall be substantially similar to the Knitter’s Laine sign lighting VOTING unanimous 50 motion carried

4 FINAL PLAN APPROVAL AMENDMENT CONTINUANCE KRISTINE ENGSTROM 7 HARBOR ROAD SUB922R Dean Pierce reported the applicant has withdrawn the application MOTION by Fred Schmidt SECOND by Claude LaPierre to deny without prejudice the final plan approval amendment by Kristine Engstrom 7 Harbor Road SUB922R VOTING unanimous 50 motion carried

5 FINAL PLAN REAPPROVAL ANDOR NOTICE OF RECORDING BAY COLONY ESTATES HOMEOWNERS ASSOCIATION SOUTH OF BAY ROAD AND EAST OF THE LAPLATTE RIVER SUB0402 Russ Caffry representing the Bay Colony Homeowners Association appeared on behalf of the application APPLICANT COMMENTS Mr Caffry stated it was just discovered that the final survey plat was not recorded in the town’s records and the homeowners association is working with town staff and the town attorney to rectify the situation The subdivision is complete

STAFF REPORT The Planning Commission received a written staff report dated 31104 Dean Pierce noted the approval is substantially the same however there is reference to the map slide number and Rick Peterson as Chairman of the Planning Commission is appointed as agent to execute the Notice of Recording on behalf of the Planning Commission

PUBLIC INPUT None

DELIBERATION/DECISION Final Plan ReApprovalNotice of Recording Bay Colony Estates Homeowners Association south of Bay Road and east of the LaPlatte River SUB0402 MOTION by Hilda White SECOND by Kay Kraushaar to ratify approval of the Bay Colony Estates subdivision which was previously approved by the Planning Commission on April 27 1989 and for which the Final Plat was recorded in the Shelburne land records at Map Slide 104B on May 23 1990 subject to the conditions attached to the April 27 1989 approval and further to execute a Notice of Recording for the Bay Colony Estates subdivision in a form substantially similar to the one warned for public hearing and to designate Planning Commission Chairman Rick Peterson as duly authorized agent to execute the Notice of Recording on behalf of the Planning Commission VOTING unanimous 50 motion carried

6 SITE PLAN AMENDMENT BUONO APPETTITO CORPORATION 31823198 SHELBURNE ROAD SP0301R1 Dave Marshall and Ken Cartularo appeared on behalf of the application APPLICANT COMMENTS Dave Marshall reviewed the reallocationredistribution of parking on the Buono Appettito lot and professional building adjacent to the restaurant With the widening of Route 7 a significant amount of property on the east side of the lot that was used for parking was lost This necessitated the reconfiguration of the parking The previous approval of the site plan had two conditions including showing the easement to the town for the water line relocation and a fence blocking access to the Econolodge Handy property on the site plan This has been done The current application seeks upgrades to the professional building to be more consistent with the character of Route 7 and to take advantage of the second floor of the building with renovation of office space for the restaurant and the creation of a second floor apartment Approval with conditions was secured from the Zoning Board The application must be compliant with zoning requirements for parking however a three month study found a peak of 39 spaces used for the restaurant peak time at the restaurant is Friday evenings rather than 64 spaces as required by the bylaws It is felt continued Mr Marshall with the restaurant first floor and second floor uses of the professional building and the parking configuration that a total of 54 parking spaces are adequate Mr Marshall submitted and addressed his written responses to staff comments document dated 31104 Rather than require stairs from the sidewalk be built across the Route 7 rightofway to the front door of the restaurant it is felt there is not a problem for people walking to the restaurant to access the site from the sidewalk through the driveway not many people are expected to walk along Route 7 to the restaurant rather than drive to the restaurant Regarding the loading zone there is no demand for parking by the delivery area when deliveries occur in the morning hours so the pattern of use in this area will continue There is a new sewer line to serve the two buildings restaurant and professional building and the easement for the water main is shown on the site plan as required There is a paved drainage way A 25’ high stone wall will be installed by the front of the restaurant to create a courtyard appearance There will be a split rail fence installed by the Handy property The landscape plan shows two larger trees and two smaller trees of different species All are salt and water tolerant Regarding lighting there are wall sconces on the east side of the restaurant and flood lights on the corners of the restaurant and professional buildings It is recommended that downcast lighting be added on the perimeter of the property for safety purposes especially in areas that were not previously used for parking but are now designated for such purpose stated Mr Marshall The location of the lights is currently not shown on the site plan Hilda White asked about the 12 cedars between the buildings Dave Marshall indicated the shrubs will be removed and the area will be paved Rick Peterson asked about the area behind the office building Mr Marshall stated the existing addition on the building will be removed to square off the building and create more green space There will likely be some infill landscaping in the area A landscape plan for the west side of the professional building will be submitted There was discussion of the history of the lot subdivision and the buildings Ken Cartularo stated the professional building is in need of repair Fred Schmidt asked about drainage Dave Marshall conceded the site is difficult but a drainage system has been designed to direct storm water to a detention basin on the site Overflow is to a ditch on Champlain Drive

STAFF REPORT The Planning Commission received a written staff report dated 31104 Dean Pierce asked about lot coverage and setbacks Dave Marshall explained a portion of the building on the Route 7 side is being moved but the setback is not being changed There are no issues with the side yard setbacks Also there is no increase in the footprint of the building so lot coverage is not changing A variance for the current lot coverage has been secured Mr Pierce asked about spill over lighting onto the Handy property Mr Marshall pointed out there is a hedge along the west property line that very effectively screens the light Ken Cartularo noted there is a telephone pole with a light that illuminates the back of the restaurant and the professional building The easiest way to light the extension of the parking area would be to install another light on the telephone pole or add a light on the building The recommendation for lighting following current lighting design standards produced by the Chittenden County Regional Planning Commission CCRPC was reviewed by Dave Marshall Four full cut off metal halide lights on the westerly and southerly portions of the paved area will be added to the site said Mr Marshall Dean Pierce asked about seasonal peak parking demand Ken Cartularo stated Friday evening regardless of the season is when parking is at the maximum The restaurant is no busier in the winter than in the summer Mr Pierce noted receipt of a letter from Mr Handy regarding separation of sewer service directly into the town system rather than across his property Mr Pierce also noted that the Fire Chief indicated a split rail fence by the Handy property is more desirable than a solid fence The Fire Chief also felt having sprinklers installed in the apartment would be ideal Ken Cartularo stated Labor Industry indicated smoke detectors in each bedroom and on the first floor office space are acceptable Hilda White asked the hours of operation in the professional building Ken Cartularo stated currently the businesses in the building operate from 9 am to 5 pm however on occasion the hair cutting business stays open as late as 7 pm Dave Marshall pointed out the uses in the professional building will not be open when the restaurant is operating at maximum capacity so parking by the building will be available to restaurant patrons though this parking was not included in the parking calculation for the restaurant Kay Kraushaar asked about the distance from the front of the restaurant to the proposed stone wall Dave Marshall estimated 10 feet to the face of the wall

PUBLIC INPUT None

DELIBERATION/DECISION Site Plan Amendment Parking Buono Appettito 31823198 Shelburne Rd SP0301R1 MOTION by Fred Schmidt SECOND by Hilda White to approve the request for a reduction in parking requirements pursuant to Section 16701n of the Shelburne Bylaws reducing the number of parking spaces required by 16 from 64 spaces to 54 spaces VOTING unanimous 50 motion carried MOTION by Fred Schmidt SECOND by Kay Kraushaar to approve the site plan submitted by Buono Appettito Corp for changes to the property at 31823198 Shelburne Road consistent with the plans submitted and subject to the following conditions 1 the project shall receive conditional use approval from the Shelburne Zoning Board of Adjustment 2 the plan shall be modified to include the approximate location of a future easement to the Town of Shelburne for the water line along the westerly line of the property 3 the new fence system shall be wooden split rail 4 signs shall be placed to designate the location of two parking spaces for apartment residents 5 lighting along the westerly and southerly lines of the new parking area shall be metal halide with full cut off consistent with town and CCRPC guidelines 6 landscaping on the southerly green space shall be as depicted on the plan submitted at the 31104 meeting with supplemental shrub plantings as infill on the westerly face of the professional building 7 the applicant shall submit a Letter of Credit in the amount of 1500 to cover landscaping costs VOTING unanimous 50 motion carried

7 SKETCH PLAN REVIEW CONTINUANCE CHARLES AND JEANCAROL DUNHAM 13 THOMAS ROAD SUB0401 Dave Marshall appeared on behalf of the application

APPLICANT COMMENTS Mr Marshall reviewed the site plan for a Planned Residential Development PRD which will allow two building footprints on the upper plateau of the property Access will be from the Dunham driveway There will be a shared driveway for the newly created lots

STAFF REPORT The Planning Commission received a written staff report dated 31104 Dean Pierce mentioned the request from Craig Wooster for a turnaround It was noted there is an existing turnaround area that appears more than adequate Dean Pierce observed the Natural Resources Committee has not seen the current submittal but it appears the current plan goes a long way toward addressing issues There was brief discussion of the 100 year flood plain

PUBLIC INPUT None

DELIBERATION/DECISION Sketch Plan Subdivision Charles JeanCarol Dunham 13 Thomas Road SUB0401 MOTION by Hilda White SECOND by Fred Schmidt to classify the application submitted by Charles and JeanCarol Dunham for 13 Thomas Road as a major subdivision VOTING unanimous 50 motion carried MOTION by Fred Schmidt SECOND by Claude LaPierre to grant sketch plan approval to Charles and JeanCarol Dunham for the subdivision of a 101 acre parcel to create three building lots of 39 30 and 32 acres with the following conditions and submittals required for preliminary plat review 1 the project shall be reviewed as a Planned Residential Development PRD under Section 1630 of the Shelburne Zoning Bylaws and pursuant to Section 1630 future applications shall include information pertaining to the project’s conformance to the town’s PRD and site plan review requirements 2 design of the access drive shall be coordinated with the Fire Chief and the applicant shall incorporate design features that enhance visibility along and at the intersection of the access drive VOTING unanimous 50 motion carried

8 OTHER BUSINESSCORRESPONDENCE Update on Town Plan Reapproval Dean Pierce reported the Selectboard created an appendix to the Town Plan per the advice of the town attorney to decrease risk of challenge of the validity of the Plan’s readoption and impact fees Candidates for the Planning Commission Three individuals have expressed interest in serving on the Planning Commission and will be interviewed by the Selectboard Rick Peterson mentioned having the Planning Commissioners involved in review of the candidates as well

9 ADJOURNMENT MOTION by Hilda White SECOND by Fred Schmidt to adjourn the meeting VOTING unanimous 50 motion carried The meeting was adjourned at 930 pm Minutes respectfully submitted by MRiordan Recording Secretary