Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
APRIL 8 2004

MEMBERS PRESENT Rick Peterson Chairperson Reg Gignoux Kay Kraushaar Hilda White Claude LaPierre subsequent to approval of minutes

STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT

AGENDA

1 Call to Order

2 Approval of Minutes 32504

3 Town Plan Update Work Session

4 Other Business Correspondence

5 Adjournment

1 CALL TO ORDER Rick Peterson Chairperson called the meeting to order at 737 pm

2 APPROVAL OF MINUTES Approval of March 25 2004 Minutes MOTION by Hilda White SECOND by Kay Kraushaar to approve the 31104 minutes with the following clarifications Page 4 final full paragraph 5th sentence – add text to the sentence clarifying location of striping with resulting sentence to read “Striping on the road will be done from Thomas Road up to the Spear Street intersection Page 6 Condition 16 end of sentence – change “spaced to “space Page 6 Condition 19 first sentence – change “responsible to “responsibility VOTING unanimous 50 motion carried

3 TOWN PLAN UPDATE WORK SESSION The Commission engaged in a wide ranging discussion relating to the update of the Shelburne Town Plan Topics included o Discussion of Housing Section o Discussion of text contained in the Land Section including the need for terminology that is consistent with state and federal programs o Discussion of maps for land section including modified versions of the natural resource map and the land useland cover map o Suggestion by staff for a new section on lighting o Discussion of text contained in the draft Public Facilities Section with relatively extensive discussion of sewage treatment issues and somewhat less extensive discussion of fire and rescue needs and education o Discussion of land use modeling by the Chittenden County RPC and resulting indicators for scenarios comparing base case build out and modified build out staff will coordinate with RPC regarding additional scenarios and o Discussion of the Plan update schedule with agreement reached that agenda for April 22 meeting would include discussion of issues not currently addressed by language in Volume II of the plan Commissioners will prepare for meeting by reviewing opening section of Volume II In conjunction with discussion of the Town Plan update staff distributed text pertaining to the Shelburne Rescue squad and separate text pertaining to economic development

4 OTHER BUSINESS CORRESPONDENCE Dean Pierce distributed copies of a letter addressed to Ian MacDougall of the Chittenden Country Regional Planning Commission staff This letter provides a response to an earlier letter from Mr MacDougall regarding Regional Planning Commission approval of the Shelburne Town Plan

5 ADJOURNMENT MOTION by Reg Gignoux SECOND by Hilda White to adjourn the meeting VOTING unanimous 50 motion carried The meeting was adjourned at 1000 pm Minutes prepared by Planning Staff

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
APRIL 22 2004

MEMBERS PRESENT Rick Peterson Chairperson Reg Gignoux Fred Schmidt Claude LaPierre Kay Kraushaar and Hilda White were absent

STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT Dave Marshall Chuck Dunham Mike Lynch JeanCarol Dunham Joseph Fallon Mendy Mitiguy Trish Blood Margery Sharp

AGENDA

1 Call to Order and Approval of Minutes 4804

2 Design Review Application Lowell Susan SpillaneMendy Mitiguy Mendy’s Clothing Accessories 30 Harbor Road DR0407

3 Design Review Application David Patricia Blood 104 Marsett Road DR0408

4 PRD Preliminary Plan Review Charles JeanCarol Dunham 13 Thomas Road SUB0401

5 Site Plan Review Lake Champlain Yacht Club 2790 Harbor Road SP9715R1

6 Request for Waiver of Portion of Impact Fee Shelburne Bay Senior Living Community 185 Pine Haven Shore Road

7 Town Plan Update

8 Other Business Correspondence

9 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES Rick Peterson Chairperson called the meeting to order at 743 pm Approval of April 8 2004 Minutes MOTION by Reg Gignoux SECOND by Claude LaPierre to approve the 4804 minutes as written VOTING unanimous 40 motion carried

2 DESIGN REVIEW APPLICATION LOWELL SUSAN SPILLANEMENDY MITIGUY MENDY’S CLOTHING ACCESSORIES 30 HARBOR ROAD DR0407 Mendy Mitiguy appeared on behalf of the application

APPLICANT COMMENTS Ms Mitiguy explained the planned expansion of business space into the existing toy store The existing sign will be replaced with a new sign advertising Mendy’s Clothing Accessories The words on the awnings toys clothing jewelry will be replaced with solid green colored cloth and the awnings will be relocated to the top three windows on the south side of the building Further hearings before the Design Review Board and Planning Commission will occur for the window adjustments on the building

STAFF REPORT The Planning Commission received a written staff report dated 42204

PUBLIC INPUT None

DELIBERATION/DECISION Design Review 30 Harbor Road Mendy Mitiguy DR0407 MOTION by Fred Schmidt SECOND by Reg Gignoux to grant design plan approval to Mendy MitiguyLowell Susan Spillane for replacement of a faade sign and relocation of awnings on property at 30 Harbor Road consistent with the plans submitted and subject to the following conditions 1 the sign shall be ovalshaped with a smooth edge measuring 14 sf 2 the sign shall have a cream background and black lettering to match the existing freestanding sign 3 lettering on the awnings shall be replaced with fabric without lettering VOTING unanimous 40 motion carried

3 DESIGN REVIEW APPLICATION DAVID PATRICIA BLOOD 104 MARSETT ROAD DR0408 Patricia Blood appeared on behalf of the application APPLICANT COMMENTS Patricia Blood explained the proposal to install an aboveground pool and expand an existing deck There was brief discussion of not using pressure treated wood for the deck

STAFF REPORT The Planning Commission received a written staff report dated 42204

PUBLIC INPUT None

DELIBERATION/DECISION Design Review 104 Marsett Road Patricia Blood DR0408 MOTION by Reg Gignoux SECOND by Claude LaPierre to grant design plan approval to David Patricia Blood for installation of an aboveground swimming pool and expansion of an existing deck in the rear yard of property at 104 Marsett Road consistent with the plans submitted and the requirements of the zoning bylaws VOTING unanimous 40 motion carried

4 PRD PRELIMINARY PLAN REVIEW CHARLES JEANCAROL DUNHAM 13 THOMAS ROAD SUB0401 Dave Marshall and Chuck Dunham appeared on behalf of the application APPLICANT COMMENTS Dave Marshall explained the PRD creating two new residential lots and transfer of acreage with a building lot Waiver of the side yard setback on the periphery is requested however staff has indicated this is not possible so the request will be withdrawn A waiver of the side yard setback on the internal boundary line will be requested to allow the two buildings envelopes on the plateau as shown on the plan The traffic study has been submitted Sight distances provide safe stopping for vehicles traveling at 40 mph The end of the common driveway intersecting Thomas Road will be raised to further improve sight distance The access road will be widened to 18’ The driveways to the new lots will be 12’ wide A portion of the Dunham driveway will be moved farther outside of the 60’ rightofway to accommodate a request from the adjacent neighbor Tim Thomas Technical comments from the town’s engineer have been received and will be addressed There have been discussions with the Fire Chief about the turnaround area Chuck Dunham recalled the meeting with Rick Lewis regarding the water lines for the property There are three lines installed 25 years ago Two lines are used by the Dunham and Krag lots The remaining water line is for the middle lot being created

STAFF REPORT The Planning Commission received a written staff report on the application dated 42204 and a copy of the traffic report and comments from the Town’s consulting engineer Phelps Engineering Dean Pierce pointed out his staff report addresses the application as a three lot subdivision with two building envelopes being treated as a Planned Residential Development Mr Pierce advised the Planning Commission may need language regarding the developability of the lot adjacent to the Krag property Chuck Dunham explained Dr Krag wants to purchase the land and add the acreage to their lot for a total of 17 acres The building envelope is shown on the lot as a suggestion of the best location for a house to avoid impacting the view Dave Marshall noted the final plat will include information for a boundary line adjustment Dean Pierce suggested the building envelope on the lot could be removed and the area considered open space as part of the PRD but the ownership can be transferred to Krag There was further discussion of conveyance of the lot to Dr Krag Rick Peterson suggested a condition of approval state the third lot shall have no further development and Dr Krag would need to return before the Planning Commission for a boundary line adjustment Chuck Dunham assured the lot will remain unimproved and the intention is to have the transfer done as a boundary line adjustment The wastewater system and water supply easement is not designed to include development on the lot adjacent to the Krag property Mr Dunham stated a boundary line adjustment was submitted with the PRD application but the BLA was not addressed by staff Dean Pierce pointed out the lot is of sufficient size to be sold as a building lot so a simple boundary line adjustment which typically is reserved for minor property line adjustments is not the appropriate mechanism in this case Mr Dunham interjected there is precedent for such an adjustment recalling in 198384 the boundary line between the Dunham and Thomas properties was adjusted affecting five acres Rick Peterson asked about lighting Dave Marshall stated no street lights are proposed

PUBLIC INPUT A gentleman in the audience suggested the lot issue could be solved by stating the lot must be sold to Dr Krag with the condition Dr Krag execute a deed merging the land to his lot Fred Schmidt point out language stating the lot will be undeveloped is needed or the lot will be assessed as a developable lot There were no further comments

DELIBERATION/DECISION PRD Preliminary Plan 13 Thomas Road Charles JeanCarol Dunham SUB0401 MOTION by Fred Schmidt SECOND by Claude LaPierre to grant PRD preliminary plan approval to Charles and JeanCarol Dunham for resubdivision of a previously approved 101 acre parcel between the LaPlatte River and Thomas Road creating three new lots of 30 acres 32 acres and 39 acres in size with the following conditions and submittals required for final plat review 1 the 39 acre lot is not approved for development at this time and shall not be developed without further review and approval by the Planning Commission 2 plans shall be revised to address comments received from Town staff andor the Town’s consulting engineer specifically in a letter from Phelps Engineering dated 41904 3 the plan shall be redesigned to avoid encroachment into the 50’ PRD buffer either by relocatingresizing the building envelopes or expanding the area included within the PRD VOTING unanimous 40 motion carried

5 SITE PLAN REVIEW LAKE CHAMPLAIN YACHT CLUB 2790 HARBOR ROAD SP9715R1 Mike Lynch appeared on behalf of the application

APPLICANT COMMENTS Mr Lynch explained the need for the ramp and handrail to allow use of carts to carry items from boats to cars rather than having to carry the items up the stairs to the parking lot The Zoning Board granted approval of the construction with the condition the plan be redesigned to avoid the need for a variance from the setback requirement The existing trees will remain Additional asphalt walkway will be installed from the landing to the parking lot

STAFF REPORT The Planning Commission received a written staff report dated 42204 The Planning Commission cautioned against using pressure treated wood for the ramp Dean Pierce noted a revised site plan showing the complete parcel of land must be submitted by the applicant

PUBLIC INPUT None

DELIBERATION/DECISION Site Plan 2790 Harbor Road Lake Champlain Yacht Club SP9715R1 MOTION by Fred Schmidt SECOND by Reg Gignoux to grant site plan approval to the Lake Champlain Yacht Club for creation of a walkway and expansion of a ramp and handrail as a second means of access to the existing landing consistent with the plans submitted and subject to the following conditions 1 disturbed soil shall be seeded and mulched promptly to minimize erosion 2 previously approved conditions shall remain in effect 3 a revised site plan showing the entire parcel shall be provided VOTING unanimous 40 motion carried

6 REQUEST FOR WAIVER OF PORTION OF IMPACT FEES SHELBURNE BAY SENIOR LIVING COMMUNITY 185 PINE HAVEN SHORE ROAD Joe Fallon appeared on behalf of the application APPLICANT COMMENTS Mr Fallon explained the request to waive recreation impact fees totaling 3072390 and education impact fees totaling 9380542 due to the nature of the development senior housing The average age of the residents at Shelburne Bay in the independent living section is 84 years old The addition to the facility will be assisted living units The development will not impact the school system and resident do not use the recreation facilities in town

STAFF REPORT The Planning Commission received a written staff report dated 42204 Rick Peterson clarified the Planning Commission can not grant waivers but can forward a recommendation to the Selectboard Following discussion the Planning Commission was in unanimous agreement the senior housing development will not impact the schools but residents may use recreation paths in the town The consensus of the Planning Commission is a waiver of 60 of education impact fees as determined by the town ordinance is appropriate

PUBLIC INPUT None

DELIBERATION/DECISION Waiver Request 185 Pine Haven Shore Road Shelburne Bay Senior Living Community MOTION by Reg Gignoux SECOND by Fred Schmidt that a recommendation be made to the Shelburne Selectboard in support of reduction of the education impact fee by 60 but no reduction in the recreation fee for Shelburne Bay Senior Living Community VOTING unanimous 40 motion carried

7 TOWN PLAN UPDATE Deferred to May 6 2004 work session There was brief discussion of the format of the document and presentation of information in the plan Clear delineation between goals and objectives is needed The Planning Commission requested a copy of the 1988 Town Plan to review

8 OTHER BUSINESS CORRESPONDENCE Request to ReZone Dean Pierce mentioned a request from Mark Naud to rezone a parcel of land north of the LaPlatte River The Planning Commission discussed considering the request along with other possible changes to the zoning regulations as part of the Town Plan update 9 ADJOURNMENT MOTION by Reg Gignoux SECOND by Claude LaPierre to adjourn the meeting VOTING unanimous 30 Fred Schmidt not present for vote motion carried The meeting was adjourned at 925 pm Minutes respectfully submitted by MRiordan Recording Secretary