Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
MAY 13 2004

MEMBERS PRESENT Rick Peterson Chairperson Reg Gignoux Fred Schmidt Hilda White Tucker Holland Absent Claude LaPierre and Kay Kraushaar

STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT Jim Collins Alicia Burris Roger Bougea Nancy Hinsdale Dave McLellan E Thomas Betty Giroux Joan Lauber Anne Watson Marilyn Fletcher Catherine Boffa David Carroll Scott Homstead Angelica Sepp R Schumacher Curt Echo Nancy Gruber Katie Lamb Robin Richards Jim Emerson Robert Miller Andy Rowe Margery Sharp Shelburne News

AGENDA

1 Call to Order and Approval of Minutes 042204

2 Design Review Applications

3 Site Plan Review Peta Gillian Sherry Ann SeniorLin Stone dba Jamie TwoCoats Toyshop 52 Harbor Road SP03

4 Sketch Plan Review Roger Mignonne Bourgea 59 Webster Road SUB907R1

5 PUD Amendment Vermont Teddy Bear Co IncURSA VT QRS 1230 IncThe Miller Realty Group LLP South Park Road SUB923R2

6 Site Plan Review Rice Lumber Co Inc 4188 Shelburne Road SP0402

7 Town Plan UpdateZoning Discussion

8 Other Business and Correspondence

9 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES Rick Peterson Chairperson called the meeting to order at 738 pm Approval of 42204 Minutes MOTION by Reg Gignoux seconded by Fred Schmidt to approve the 042204 minutes with the following corrections Page 4 Public Input 2nd sentence change to read “Fred Schmidt pointed out that language… Page 7 Town Plan Update 4th sentence change the word “Town to “Village VOTE unanimous 50 motion carried

2 DESIGN REVIEW APPLICATIONS Design Review approval for two signs by the Shelburne Charlotte Hinesburg Interfaith Resale Shop SCHIPS 5404 Shelburne Road Application for Design Review approval was withdrawn The applicant will appear before the Planning Commission at some future time Shelburne Baseball seeks an amendment to a previously approved sign Jeff Nick appeared on behalf of the application

APPLICANT COMMENTS Mr Nick explained the request to replace an existing 3’ x 3’ capital campaign sign with a new 3’ x 4’ sign to accommodate additional names on the sign The sign would be located on the west side of the snack bar and thus not visible from the municipal building

STAFF REPORT Mr Pierce said the application seeks to amend the Signage Master Plan for the athletic fields specifically to permit a 3’ x 4’ sign with white background red border and black lettering The new sign would replace an existing sign The application was reviewed by the Historic Preservation and Design Review Commission earlier in the day At the meeting of the HPDRC a motion to amend the Master Plan had failed Staff recommends the Planning Commission approve the request by amending the Signage Master Plan permit to read 3’ x 4’ black lettering no border Mr Schmidt suggested a motion to change the 7th point of the Signage Master Plan to read “Capital campaign sign to be 36 x 48 with white background maroon header lettering black text lettering and no border Mr Schmidt asked if the baseball club would return for a larger sign in the future Mr Nick replied no there was ample room for all contributors Ms White said she had no problem with the sign but expressed concern that the problem would come afterward when it would be questioned if anyone else could get an automatic amendment to a sign permit Mr Pierce stated the Zoning Administrator has reviewed the sign request

PUBLIC COMMENTS There was none

DELIBERATION/DECISION Shelburne Baseball seeks an amendment to a previously approved sign MOTION by Mr Schmidt seconded by Mr Gignoux to approve the request by Shelburne Baseball to amend the 7th point of the Signage Master Plan to read “Capital Campaign sign to be 36x 48 with white background no border maroon capital header lettering and black text lettering said sign to be located on the west side of the snack bar VOTE unanimous 50 motion carried Request for Design Review application for a new home occupation sign replacing an existing home occupation sign by David and Susan McLellan David McLellan appeared on behalf of the application

APPLICANT COMMENTS Mr McLellan submitted a sketch of the proposed sign and colored photographs of the existing sign The proposed sign would have white background a gold sun and maroon lettering The existing sign has blue lettering that has faded The new sign would hang in the same frame STAFF REPORT The Planning Commission did not have any questions

PUBLIC COMMENTS None

DELIBERATION/DECISION Request for Design Review application for a new home occupation sign replacing an existing home occupation sign by David and Susan McLellan MOTION by Mr Schmidt seconded by Mr Holland to approve the Design Review application for a new sign to replace an existing sign as requested by David and Susan McLellan 910 Falls Road consistent with the plans submitted VOTE unanimous 50 motion carried

3 SITE PLAN REVIEW PETA GILLIAN SHERRY ANN SENIORLIN STONE dba JAMIE TWOCOATS TOYSHOP 52 HARBOR ROAD SP03 Application for Site Plan approval was withdrawn

4 ROGER AND MIGNONNE BOURGEA 59 WEBSTER ROAD SKETCH PLAN REVIEW SUB907R1 Jim Collins agent and Roger Bourgea owner appeared on behalf of the application APPLICANT COMMENTS Mr Collins displayed a sketch plan and explained the location of the subject property on Old Route 7 and Webster Road An existing access road and two houses are located along the Webster Road frontage The existing parcel of land would be subdivided into four lots the two preexisting houses would each be on 50000 square foot lots and there would be two undeveloped lots An adjacent mobile home owned by the applicant shown on the Site Plan is on its own lot and is not a part of the proposal If the project is approved a house would be built on one of the new lots in the coming year and the second undeveloped lot would be left open for the next approximately twenty years The Site Plan indicates that Town water and sewer services are in place The existing homes are on a 55 acre parcel Mr Bourgea said that both houses pay property taxes

STAFF REPORT Mr Pierce said he had not realized the applicant owns the lot with the mobile home It appears there is a possibility the mobile home lot has merger issues Record verification of the 034 acre lot on which the mobile home sits might be required Mr Collins stated the trailer was on a separate deeded lot The surveyor said the trailer was put on the Site Plan for legal reasons Mr Pierce said the Water Department has requested information on how the applicant is getting water service to the new home There was further discussion regarding the configuration of the parcel Mr Bourgea explained he had purchased four different parcels of land at different times over the last 30 years Over time all four purchases were merged together creating a 10acre lot extending almost back to the Farmstead development The two houses are older homes that existed prior to the purchase Mr Peterson asked if the access road square footage was included in the land calculations Mr Collins said the 50000 sf calculation did not include the roadway Mr Peterson noted that the Fire Chief recommended a turnaround at the end of the roadway Mr Collins replied that there was plenty of room for a turnaround but he would need to know the size Mr Pierce said the Town consulting engineer noted that the location of the existing drive might be different from that shown on the Site Plan Mr Collins replied the road is not straight as shown on the plan It does bend and has a curve There is a turn into his house Mr Pierce said the concern is the road lies farther north than shown Mr Collins explained that his surveyor took the boundaries from past records The existing driveway follows along a deeded rightofway The roadway could be redrawn to make sure it has the right proportion of scale Ms White asked if Lot 4 would have enough land for a future building site when easements are subtracted Mr Collins stated that he did not want to address land calculations now It would be taken up in the future 20 years There was 20foot rightofway In response to a question regarding wetland impacts Mr Pierce said that the wetlands were not a concern Mr Pierce said he would contact the Town Attorney to research the merger issue There was brief discussion regarding the relationship between the project and the Shelburne Road widening While the widening project would not result in the taking of land along the front of the property staff indicated that the impact of the road project on the subdivision should be explored Mr Peterson summarized the following requirements • A turnaround at end of road • Correctly located access road on the Site Plan map • Town’s consulting engineer concerns regarding the access road must be shown properly on the Site Plan • Staff would research the lot merger issue • Site visit on Saturday 051504 900 am Corner stakes of the property must be in place

PUBLIC COMMENTS None

DELIBERATION/DECISION Sketch Plan Roger Mignonne Bourgea 59 Webster Road SUB907R1 MOTION by Mr Schmidt seconded by Mr Gignoux to conduct a site visit in connection with the site plan submitted by Roger and Mignonne Bourgea on May 15 2004 at 900 am VOTE unanimous 50 motion carried MOTION by Mr Schmidt seconded by Mr Holland to continue the Sketch Plan hearing for the Roger and Mignonne Bourgea application to the next Planning Commission meeting on 052704 VOTE unanimous 50 motion carried

5 PUD AMENDMENT VERMONT TEDDY BEAR CO INCURSA VT QUS 1230 INCTHE MILLER REALTY GROUP LLP SOUTH PARK ROAD SUB923R2 Robert Miller and Andy Rowe agents appeared on behalf of the application

APPLICANT COMMENTS Mr Miller reviewed the 2000 proposal to construct a 60000 square foot building for shipping and assembly of teddy bears and products Mr Miller noted that expansion of the facility was anticipated in 2000 thus location for Phase II and Phase III are depicted on the site plan As evidence of the tight schedule for the project and the high cost of materials Mr Miller indicated that the steel for the super structure was ordered and due for delivery in late June

STAFF REPORT Mr Pierce suggested that the applicant’s engineer provide information regarding water line connections and coupling as requested by the Water Department The application is an amendment to an earlier final plan thus a series of conditions is currently in effect One previously approved condition that has not been followed relates to the color of the roof of the shipping facility Mr Miller said that a shiny roof appeared to be the expressed concern The roof would be flat and not seen Mr Miller pointed out the Shelburne Museum had a steel building with shiny metal questioning if there are dual requirements Mr Schmidt said the Shelburne Museum building was an exhibition of architecture Ms White pointed out that the Teddy Bear approval included a condition for “dark nonreflective roof color which the applicant had accepted Mr Miller said the roof is nonreflective and asked if any comments were received Ms White said that a lot of comments were received on the building design In response to comments regarding emergency lanesexits Mr Pierce said the applicant’s engineer should address the project’s impacts on the PUD buffer The Planning Commission does not have authority to waive encroachment of a PUD buffer The buffer zone is inviolate Mr Miller asked if there could be three or four parking spaces in the buffer Mr Pierce replied that would not be allowed by the bylaws The emergency road must be addressed by the applicant Mr Rowe described a proposal to remove the pavement to avoid buffer zone impacts with grass planted so the area would not appear as a fire lane The pavement would be replaced with a gravel base to accommodate a fire lane and meet the PUD buffer requirements Also there is a berm along the property line with evergreen trees planted along the top for screening The pavement and parking spaces would be removed Mr Pierce stated that the buffer zone must be kept free of structures parking spaces and roadways The applicant is asking the Town to consider an emergency access that is not a roadway Mr Pierce noted maintenance is an issue ie plowing the emergency access Mr Rowe stated 320 employees work in the approved part of the PUD and there could be 80 additional employees in the future Mr Rowe noted that the number of tripends approved during earlier reviews is not consistent with parking and the number of employees which is onethird of what was approved for the Shelburne South Commercial Park In response to a question Mr Rowe said that lots 213 are part of the park but not in the PUD Lots 14 15 and 16 are Teddy Bear lots but free standing and not in the PUD There are 556 parking spaces currently with a total allocated number of 999 spaces leaving 400 available for future development Mr Peterson asked if the applicant had considered a smaller building Mr Rowe said the applicant has a need for space and ensures the facility is small now Mr Pierce asked Mr Rowe to describe how storm water management was addressed Mr Rowe described the location of impervious surfaces and explained that water will sheet flow over grassed areas to grass swales Water will then travel to a water collection system and treatment detention basins designed to accommodate runoff with maximum coverage of lots 60 percent of the 59 acres Mr Miller noted the original storm water permit had lapsed by one month but is renewed and now monitored on an annual basis Last fall the catch basin was pumped and the detention basin repaired Mr Peterson noted that the property was being developed differently from what was first proposed in that the applicant is massing concentrated development with surrounding parking lots There was brief discussion regarding the proposed new building design and the design of preexisting factory building which was planned to resemble three “farmtype buildings but now features three “bumpouts Mr Miller said that the south parking area was paved not gravel Mr Peterson noted that the Fire Chief had concerns related to fire lane maintenance Mr Rowe reviewed the fire lane located on the backside of the building as shown on the original site plan The Fire Chief has a concern that the lane would not be plowed The applicant has assured the Town the backside and east side would be maintained The Fire Chief has also suggested that some parking be removed In response the applicant would like to propose that there be 21 parking spaces of which three or four spaces would be removed and an island put in for fire truck access Mr Miller said that water sprinklers were a part of the plan to address concerns by the Fire Chief Mr Rowe explained the lighting plan that consisted of buildingmounted lights A sloped elevation would help screen eight 16foot high polemounted downshielded lights Six backside lights and an existing entrance light would be eliminated There were no pole lights proposed on the east side of the building

PUBLIC COMMENTS Marilyn Fletcher Gables resident expressed concerns with the new building noting a grassy berm was constructed to shield the first building Ms Fletcher asked if the berm would be repaired and replanted on the north end before another large green building is constructed The south end of the berm is doing fine Traffic and noise were also concerns Ms Fletcher provided copies of a letter from Charles Prout regarding landscaping suggestions Betty Giroux Gables resident asked if the Gables development was shown on the Site Plan Mr Rowe noted that the Gables abutted the parcel on the northeast corner The proposed building would be 100 feet from the property line Nancy Hinsdale noted that in 1994 a landscaping plan was approved by Act 250 but was not complete Drainage emptied into the farm field and the berm is not completely landscaped Mr Miller conceded many of the plantings died and there was agreement to plant trees The situation will be addressed working with the Gables landscape architect regarding tree species and where to plant in the north berm section Ms Hinsdale also noted water drainage is an issue The impervious areas were pushing water to the farm field which was a problem Mr Miller said he did not build the berm which was a condition of approval prior to 2000 Mr Peterson said the Planning Commission would look at the drainage situation during a site visit Mr Schmidt requested that a Town representative attend the site visit as well as a Gables representative The plantings should not include White Pine as suggested by Mr Prout White Pines will grow too high Native species would be more appropriate said Mr Schmidt Mr Miller will meet with the Gables residents regarding landscaping Catherine Boffa Gables resident expressed concern regarding the number of employees proposed increased parking and additional lighting Screening was needed whether three was a berm or not and the lighting could have decreased footcandles Mr Miller said that the lighting proposal would use 175watt lights to address concerns Kate Camardo Vermont Teddy Bear representative said that the second green building and next phase would shut down at 700 pm Call Center employees work until 1000 pm during limited times during the year The employees had expressed concern about safety in dark parking lots The parking lots have16foot high light poles currently Ms Camardo said that noise from loading areas are a concern Mr Miller said that there was no loading dock on the west side of the building In response to a question Mr Rowe described the location of a temporary topsoil stockpile and also said that the stockpile would be used as part of the expansion The applicant would try and correct the drainage area problems Mr Peterson explained that the Zoning Board of Adjustment would address uses through Conditional Use review The Planning Commission will continue the application hearing on June 10 2004 and conduct a site visit on Monday 051704 at 500 pm Mr Miller asked if the applicant could move forward with additional plantings to take advantage of the spring planting season before receiving approval

DELIBERATION/DECISION PUD Amendment Vermont Teddy Bear Co IncURSA VT QUS 1230 INCThe Miller Realty Group LLP South Park Road SUB923R2 MOTION by Ms White seconded by Mr Schmidt to conduct a site visit in connection with the PUD amendment application submitted by Vermont Teddy Bear Company Inc et al on 051704 at 500 pm VOTE unanimous 50 motion carried MOTION by Mr Holland seconded by Ms White to continue the public hearing regarding the PUD Amendment application submitted by Vermont Teddy Bear Company et al on 061004 VOTE unanimous 50 motion carried

6 SITE PLAN REVIEW – RICE LUMBER CO INC 4188 SHELBURNE ROAD SP0402 Scott Holmstead and David Carroll agents appeared on behalf of the application

APPLICANT COMMENTS Mr Holmstead explained that the 74 acres property has 14 buildings all predating Shelburne Zoning Regulations and which are not in compliance with front yard setbacks Conditional use approval was needed The application requires Site Plan approval No new buildings are proposed The proposal is for a kitchen cabinet showroom in space currently used as an employee staff room Traffic would come off Route 7 with circulation for trucks loading and unloading Customer parking is in place at the retail space No additional tripends are proposed A pedestrian crosswalk would connect the two retail spaces The Rice Woods curb cut access was shown on the site plan map Cars and trucks could come in the new road and then to the lumber yard Route 7 would have a right turn only The existing homes and trees along Route 7 would provide screening Norway spruce would be planted to address the three percent project cost for landscaping

STAFF REPORT Mr Pierce explained that proposing Norway spruce as part of the current plan would represent an amendment to the application Mr Pierce asked if there would be a barrier located at the two rows of parking by the “T west of Frank’s office Mr Homstead explained that the parking spaces would be striped The plan proposed more parking than required to demonstrate that parking was adequate Mr Carroll explained that sales people and materials are sent to job sites Employee parking was designated nine spaces Customers usually park for 15 minutes or less at 14 spaces indicated on the Site Plan Mr Pierce asked the Planning Commission if they were satisfied with the proposed parking layout There did not appear to be any reason to change what appeared to work In response to a question Mr Pierce replied that the proposed Rice Woods access road and location if built according to plans would not need further Site Plan review Mr Pierce asked the Planning Commission for comments regarding landscaping and front yard setback locations Mr Holmstead described the location of the proposed storm water retention pond north of the lumber yard The cow barn would potentially be retained Mr Carroll said the barn was currently used for storage space The house was a residence and Frank’s office would be retained if possible The layout would depend on the Route 7 roadwork Mr Peterson summarized the following • Wall mounted lights • Striping of the cross walk • Spruce landscaping to the south Mr Carroll explained an existing wallmounted light would be moved to the other side of the building to light an entrance and stairs

PUBLIC COMMENT None

DELIBERATION/DECISION Site Plan Rice Lumber Co Inc 4188 Shelburne Road SP0402 MOTION by Mr Schmidt seconded by Ms White to approve the Site Plan presented by Rice Lumber Company 4188 Shelburne Road consistent with the plans submitted and subject to the following conditions 1 The site plan shall be modified to depict the location of proposed landscaping consisting of six to eight Spruce trees 2 A detention basin shall be shown on the Site Plan 3 A new cross walk shall be shown as presented on the revised Site Plan dated 051204 4 The parking layout depicted on the plans shall be modified per recommendations of the Planning Commission 5 Two of the eastern most parking spaces shall be reserved for use by residents through signage or other means 6 Any changes to the plans must be consistent with conditions of Zoning Board approval 7 Assurance shall be provided in connection with any required landscaping acceptable to staff VOTE unanimous 50 motion carried

7 TOWN PLAN UPDATEZONING

DISCUSSION Mr Pierce reported that the Selectboard had expressed interest in the progress of the Town Plan update A joint meeting was tentatively scheduled on 060304 regarding Volume I major findings Mr Pierce provided Volume I draft for Planning Commission review Mr Pierce will draft a document for a tentative 052004 work session review and revisions Mr Pierce provided a fivepage summary of potential concepts that could be included in the Town Plan and asked that the Planning Commission review and forward commentsinput The Planning Commission commended Mr Pierce for a concise document Mr Gignoux asked Mr Pierce to email a copy of the fivepage summary to him Mr Gignoux asked if there were any legislative alerts that would impact the Town Plan Mr Pierce said there was new stormwater legislation regarding the “tenacre loop hole that would allow some flexibility for clay soils Chapter 117 revisions were adopted and the Town received a schedule which would be distributed to the Planning Commission There were significant changes to the planning statutes that would impact what the Planning Commission could do The Selectboard was looking into a smart growth presentation by the Vermont Forum for Sprawl The Planning Commission would like to participate

8 OTHER BUSINESS AND CORRESPONDENCE Planning Commission meeting schedule • 051504 Site Visit • 051704 Site Visit • 052004 tentative Work Session • 052704 regular Planning Commission meeting Mixed Use MultiGenerational Retirement Based Community Jim Emerson resident explained that he had met with the Natural Resources and Conservation Commission regarding an idea for a mixeduse farm development related to a “floating zone in the Rural 1 zone outside of the village The concept was a mixeduse multigenerational retirement based community Caregivers would live on campus with a shared café and farm and artscrafts businesses Part of the vision was to have sustainable farming clustered PRD that included preserving farmland There was potential for 4050 coworkersfamilies along with a medical practice element Retirement facility rules in Vermont allowed for assisted living waivers if the proposal met certain standards There have been discussions with the Department of Ageing and Disability Mr Schmidt asked if the facility would qualify for Medicare Mr Emerson replied he believed the proposal would qualify and would allow for affordable housing It was not a “Wake Robin concept Mr Gignoux asked if a special hospice or hospital facility would be located on campus for the terminally ill Mr Emerson replied it would be a nursing home setup such as the “Rockland facility Mr Emerson said he could provide a more detailed brochure A fully functioning facility could be completed within the next ten years A smallscale version could start in less time three or four years Mr Schmidt suggested crafting language in Volume II of the Town Plan Update to address such a proposal Mr Pierce said that a “floating zone was not common but could be written into the zoning regulation as an activity Mr Emerson explained that there was a 77acre parcel that could support 12 acres as housing 12 acres of woods an 18acre orchard and a six to eight acre farm fieldpasture The residents could sell goods such as pottery farm produce apples etc Mr Schmidt asked the ratio of population to land mass Mr Gignoux asked for a copy of the state statute related to retirement facility waiver VELCO Mr Gignoux reported that the VELCO Committee met every Monday evening At this point there were ongoing discussions and no solutions

9 ADJOURNMENT MOTION by Ms White seconded by Mr Gignoux to adjourn the Planning Commission meeting VOTE unanimous 50 motion carried The Planning Commission meeting adjourned at 1036 pm Minutes respectfully submitted by Kathlyn Furr Recording Secretary

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
MAY 27 2004

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

STAFF PRESENT Dean pierce Town Planner

OTHERS PRESENT Regina Leccese Rosalyn Graham Robert Burley William Youngblood Stephen Volk Sue Davis Shelburne News


AGENDA

1 Call to Order and Approval of Minutes 51304

2 Design Review Application – Town of ShelburneShelburne Charlotte Hinesburg Interfaith Resale Shop SCHIP’S 5404 Shelburne Road DR0406

3 Other Design Review Applications

4 Sketch Plan Review Continuance– Roger Mignonne Bourgea 59 Webster Road SUB907R1

5 Final Plan Review – Wake Robin Corporation 200 Wake Robin Drive SUB0308

6 Sketch Plan Review – W Thomas Anderson 941 Mt Philo Road SUB0403

7 Sketch Plan Review – Joseph L P Maille and Marguerite M Maille 4786 Dorset Street SUB0404

8 Final Plan Amendment – Drumheller Sons Partnership 3735 Harbor Road SUB0405

9 Other Business Correspondence

10 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES Rick Peterson Chairperson called the meeting to order at 740 pm MOTION by Fred Schmidt seconded by Reg Gignoux to table approval of the minutes of 051304 until the next meeting of the Planning Commission VOTE unanimous 70 motion carried

2 DESIGN REVIEW APPLICATIONS Design Review Application Town of ShelburneShelburne Charlotte Hinesburg Interfaith Resale Shop SCHIP’S 5404 Shelburne Road DR0406 Rosalyn Graham appeared on behalf of the application

APPLICANT COMMENTS Ms Graham explained the need for a freestanding sign in front of the proposed resale shop A second sign design submitted addressed the Design Review Committee’s preference for all capital letters The first text line will be capital letters and italics The explanation line was moved up and will have upper and lower case letters which will be more readable The words “Resale Shop will be in capitals as well Ms Graham explained the color combination and border as follows letters and star points will be red Old Redwood green border Virginia Vine and pale cream background The 4’x4’ pressure treated posts will be clad with cedar and painted pale cream topped with pointed post tops There will be a mulch bed and low evergreens to mask lights that will shine on the sign

STAFF REPORT The Planning Commission received a written staff report dated 052704 Mr Pierce noted that the original sign design change was requested by the Design Review Commission DRC Ms Kraushaar commented that the second design was easier to read but the lettering in the middle clutters the sign Mr Schmidt agreed with the DRC changes Mr Peterson suggested Virginia Green for the star points Mr Pierce reviewed that the sign location was proposed north of the building and as close to the rightofway as allowed by the bylaws The sign will be twosided and perpendicular to street In response to a question Ms Graham said the sign lights were the same type as at Knitter’s Lane and will be at ground level pointing up on the sign Mr Pierce stated that the exact type of light will need defining

PUBLIC COMMENTS None

DELIBERATION/DECISION Design Review Town of ShelburneShelburne Charlotte Hinesburg Interfaith Resale Shop SCHIP’S 5404 Shelburne Road DR0406 MOTION by Reg Gignoux seconded by Fred Schmidt to grant Design Review approval for a second sign design as submitted dated 052505 by Shelburne Charlotte Hinesburg Interfaith Resale Shop SCHIP’S for renovations to the Noonan House 5404 Shelburne Road as presented in the plans submitted and subject to the following condition The sign shall be located near the edge of the right of way in close proximity to the location designated “2 on the site sketch VOTE unanimous 70 motion carried

3 OTHER DESIGN REVIEW APPLICATIONS Design Review application Lowell and Susan SpillaneMendy Mitiguy Mendy’s Clothing and Accessories 30 Harbor Road DR0407 Mendy Mitiguy appeared on behalf of the application APPLICANT COMMENTS Ms Mitiguy explained that the DRC approved the proposed application with conditions regarding the bay window as shown on an exterior drawing dated 052604 STAFF REPORT The Planning Commission received a written staff report dated 042204 with an updated exterior bay window sketch dated 052604 Mr Peterson asked for clarification regarding the locationuse of awnings Ms Mitiguy explained that awnings would be removed from the east and south side elevations Mr Pierce said the design amendment included evergreens planted under the window Ms Mitiguy said the suggested plantings were agreeable

PUBLIC COMMENTS  None

DELIBERATION/DECISION Design Review 30 Harbor Road Mendy Mitiguy DR0407 MOTION by Tucker Holland seconded by Fred Schmidt to grant Design Plan approval to Mendy MitiguyLowell and Susan Spillane for the addition of a bay window to the property on the south faade of the property at 30 Harbor Road consistent with the plans submitted and subject to the following conditions • The design shall incorporate materials substantially similar to the following a Marvin 246824 x 5’6 bay window unit with clad sash copper roof and 54 x 4 casing • There shall be landscaping with evergreens around and below the bay window VOTE unanimous 70 motion carried

4 SKETCH PLAN REVIEW CONTINUANCE – ROGER AND MIGNONNE BOURGEA 59 WEBSTER ROAD SUB907R1 Jim Collins appeared on behalf of the application

APPLICANT COMMENTS Mr Collins explained changes to the previous proposal that would subdivide a 53acre parcel into two long narrow lots to comply with a 50000 square foot lot requirement lots would be 50000 and 67000 square feet respectively The 03acre lot will remain as part of one of the long lots The proposed building lot is unchanged The existing mobile home would be removed in the future and replaced with a conventional home The water connections will be shown on the site plan and a revised site plan will be submitted

STAFF REPORT The Planning Commission received a written staff report dated 052704 Mr Pierce reported staff had begun research on the Potvin lot but ceased when the applicant changed the proposal which now avoids the problem of a merger There continues to be issues with the driveway The applicant indicated he hopes in the future to remove the Webster Road access and change the access to the driveway Mr Collins asked for clarification of the matter of paving the road Mr Peterson noted there was some leeway to waive the paving requirement for private roads

PUBLIC COMMENTS None

DELIBERATION/DECISION Sketch Plan Review 59 Webster Road Roger and Mignonne Bourgea SUB907R1 MOTION by Kay Kraushaar seconded by Hilda White to approve the sketch plan proposal submitted by Roger and Mignonne Bourgea subject to the following conditions 1 Plans for the access drive shall be revised to include a turn around per input from the Shelburne Fire Chief 2 Plans shall be revised to address the comments of the Town’s consulting engineer 3 Plans shall be revised to incorporate the Potvin lot within the project and reconfigure the land north of the driveway as two narrow lots with an eastwest orientation VOTE unanimous 70 motion carried

5 FINAL PLAN REVIEW –WAKE ROBIN CORPORATION 200 WAKE ROBIN DRIVE SUB0308 William Youngblood Dick Greenough and Steve Vock appeared on behalf of the application

APPLICANT COMMENTS Mr Youngblood stated final plan approval and deletion of a condition regarding decrease in wattage shoebox fixtures from 100 watt to 70 watt and driveway pole light fixture from 70 watt to 50 watt and light pole heights is requested The concern is the creation of offsite bright spots with the pole heights Phase I and Phase II have the lowest elevations and there is a forest of mature trees that block the views of lights Footcandles fc of 01 proved too dark There are three critical areas related to lighting including a sidewalk on the east side of Hawthorne Drive a foot path to the cottages and pole lights from Hawthorne Drive onto the driveways Wake Robin is seeking an increase the pole and shoebox light heights from 12 feet to 14 feet and 8 feet to 10 feet respectively to allow for better uniformity of lighting and eliminate dark spots Dick Greenough reviewed the effects of 100 watts versus 70 watts in the shoebox fixtures and raising the pole height two feet The plan is to provide a safe and secure environment for residents as well as avoid direct glare visible from Greenbush Road or impacting the neighbors The cottage development will have one light between two cottages The idea is not to uniformly light driveways but to light the main pathway around the main campus The lighting plan calls for 01 fc on 12 foot PT poles at the pathway with full cutoff shoebox fixtures and 100halo watt bulbs on 8 foot post lights at the cottages At 25 feet the light will be less than 01 fc If the watts were reduced any further there would be more than double the dark areas Raising the pole fixtures from 12 feet to 14 feet and the two post lights to 10 feet on the path will eliminate dark areas except one and still be within IES recommendations Indirect glare issues would also be addressed The light beam will be directly under the pole and peak fc would be just below 4 fc at the 12foot height with a 14 foot pole height that reduces to 3 fc Ms Kraushaar asked if the parking lot would have PT3 fc Mr Greenough stated there is no downside to raising PT lights to 14 feet Raising a pole two feet will not put it above the trees There will be a flat lens on all the lights All fixtures qualify under full cutoff IES

STAFF REPORT The Planning Commission received a staff report dated 052704 Mr Pierce said the key issues include the path and walkway and rest areas There was lengthy discussion of the proposed increase in pole height and fc potential for offsite glare Mr Gignoux asked for assurance that the Wake Robin neighbors would not complain to the Town regarding lights at the Wake Robin campus and light cast around the pole Mr Greenough explained that the center beam light was the highest fc under the pole and decreased 27 percent of peak fc as it goes outward Mr Pierce suggested the Planning Commission issue a finding of fact stating that because Wake Robin is residential the 3 fc light is not an issue Mr Youngblood pointed out at the April 26th Act 250 hearing the Environmental Board accepted the original lighting plan Wake Robin is submitting a light plan with poles raised two feet Mr Youngblood encouraged the Planning Commission to schedule a site visit Mr Pierce reviewed two outstanding issues 1 Fire Chief was comfortable with the original site plan but had a concern about handicapped parking on the circle Steve Volk said a discussion was held and the Fire Chief wanted no parking on the circle at all 2 The applicant has raised PP3 lights from12 feet to14 feet with 100 watt light bulbs along the path and walkway and PT from 8 feet to10 feet with 70 watt lights at two rest areas along the path Mr Piece said a new issue is levels in the water tank Mr Volk explained that there were issues with the water tank regarding the ability to maintain chlorine residual to maintain water quality The large tanks were needed for fire protection but Wake Robin is not using as much water as anticipated The water tank is at the Town limit boundary and by the time the water travels to the tank the chlorine dissipates It has been determined that the water needs more turn over or a reduced amount of water in tank Mr Youngblood pointed out that the Town owns the tank which was located on Wake Robin property Wake Robin is working with the Water Department and when necessary the Water Department is contacted to add chlorine Mr Pierce said that the Water Department has indicated chlorine levels have been maintained by lowering the amount of water stored in the tank Mr Youngblood stated the PP3 poles in the parking lot should be raised this was an oversight by Wake Robin Ms White felt the cottage development lights should not be raised Mr Gignoux asked if the 100 watt bulbs could be replaced with 70 watt bulbs Mr Volk replied the entire housing would have to be replaced

PUBLIC COMMENTS None

DELIBERATION/DECISION Final Plan Review Wake Robin Corporation 200 Wake Robin Drive SUB0308 MOTION by Tucker Holland seconded by Fred Schmidt to approve the final plan submitted by Wake Robin Corporation for an expansion involving construction of 37 cottages and creation of 18 skilled nursing beds consistent with the plans submitted and subject to the following conditions • There shall be no exterior wall mounted light fixtures on the cottages • Lighting plans shall be revised to reflect discussion at the May 27 hearing more specifically to raise the PP3 to a 14 foot level in the cottage area • Prior to the recording of a final platmylar the applicant shall update plans to address any unresolved concerns identified by Town Staff the Fire Chief and the Town’s consulting engineer • Prior to the issuance of a building permit a preconstruction meeting shall be held between the developer his engineer and contractor and Town Staff prior to commencing construction additional meetings shall be held as requested by Town Staff during construction eg following large storm events • Prior to the issuance of a building permit a letter of credit or other assurance shall be provided to the Town to cover 100 of the cost of the landscaping • During construction flow testing of fire hydrants and fulfillment of other fire protection related requirements shall be coordinated with the Shelburne Fire Chief fire flow test data shall be given to the Water and Fire Departments for their records • Following construction the applicant’s engineer shall file a report with the Town stating that the water and wastewater disposal systems were installed and tested in conformance with the approved plans and permits • All previous conditions unaffected by the foregoing shall remain in effect VOTE unanimous 70 motion carried

6 SKETCH PLAN REVIEW – W THOMAS ANDERSON 941 MT PHILO ROAD SUB0403 Tom Anderson appeared on behalf of the application APPLICANT COMMENTS Mr Anderson showed a color photograph of the subject property and reviewed clarifications of the site plan The farm road will be eliminated The building envelope for a new house and new roadway were shown by a dotted line to a 25acre building site to be occupied by the applicant’s son Mr Anderson noted features that included two significant open meadow areas two significant manmade ponds 28 and 100 years ago an existing house and two proposed new homes The home sites are shielded from the road by mature pines The proposed driveway will be black topped from Mt Philo Road to the house The Hyde’s pay a 100 fee for using the existing driveway but it is expected they will eventually build their own road The proposed boundary line adjustment Hyde has been deleted A future fire pond next to the proposed road to serve the applicant’s house and the neighbors has been discussed with Fire Chief Wooster Line of sight visibility is onehalf mile on Mt Philo Road Mr Anderson said he would be open to discussing hiking paths in the future The property backs up to the Zen Center The back acreage was difficult to access due to a deep ravine There are no onsite septic areas located on the acreage The property is not in the Town sewer district Mr Schmidt asked for clarification of the existing driveway Mr Anderson explained the driveway is a bottleneck with a power pole and due to the curves car lights shine into the house There was brief discussion of the two existing ponds which were 1618 feet deep but not accessible due to steep banks and low elevations The ponds were not accessible in winter and fire trucks can not lift water to the ground level

STAFF REPORT The Planning Commission received a written staff report dated 052704 The Commission requested the proposed house and driveway be staked out for a site visit

PUBLIC COMMENTS None

DELIBERATION/DECISION Sketch Plan Review Anderson 941 Mt Philo Road SUB0403 MOTION by Fred Schmidt seconded by Reg Gignoux to conduct a site visit in connection with the sketch plan submitted by W Thomas Anderson on 060204 at 530 pm VOTE unanimous 70 motion carried MOTION by Fred Schmidt seconded by Tucker Holland to continue the review of the sketch plan submitted by W Thomas Anderson until 061004 VOTE unanimous 70 motion carried

7 SKETCH PLAN REVIEW – JOSEPH L P MAILLE AND MARGUERITE M MAILLE 4786 DORSET STREET SUB0404 Robert Perry and Joseph Maille appeared on behalf of the application Mr Peterson recused himself Mr Gignoux assumed the duties of Chairperson

APPLICANT COMMENTS Mr Perry stated the 66acre Sutton Farm located on the east side of Dorset Street and 71acres on the south side would be subdivided into two parcels Development rights on 39 acres will be transferred to the Vermont Land Trust and 32 acres will be conveyed to the Nature Conservancy The applicant is seeking a twolot subdivision with no improvements which will preserve both the 72 and 66 acre parcels O’Brien owns the south corner of Cheesefactory Road and the University of Vermont owns land on Shelburne Pond Mr Perry showed the location of wetlands and meadow on the site plan The Maille Farm will continue to use the pasture land The Sutton Farm is transferred intact Mr Pierce explained that the initial notice was drafted from tax records and the application has been clarified to show that there are 71 acres on the east side of the road Mr Perry said the applicant is requesting a waiver of survey contours and natural features which seemed unnecessary since there would be no development Mr Gignoux said the key is showing the boundaries There was discussion regarding potential bikepedestrian path easements which would be difficult due to the location of the barns along the roadway the steepness of the road frontage and location of cow yards

STAFF REPORT The Planning Commission received a Staff Report dated 052704 Mr Pierce said the application is considered a minor subdivision

PUBLIC COMMENTS None

DELIBERATION/DECISION Sketch Plan Review Maille 4786 Dorset Street SUB0404 MOTION by Hilda White seconded by Fred Schmidt to classify the application submitted by Joseph L P Maille and Marguerite M Maille as a minor subdivision VOTE unanimous 70 motion carried MOTION by Hilda White seconded by Fred Schmidt to grant sketch plan approval to Joseph L P Maille and Marguerite M Maille for the subdivision of a 1511 acre parcel into a 32acre parcel to be conveyed to the Nature Conservancy and a 39acre parcel from which development rights are to be conveyed to the Vermont Land Trust VOTE unanimous 60 motion carried Rick Peterson resumed the Chairmanship

8 FINAL PLAN AMENDMENT – DRUMHELLER SONS PARTNERSHIP 3735 HARBOR ROAD SUB0405 Stephen Volk appeared on behalf of the application Mr Gignoux recused himself

APPLICANT COMMENTS Mr Volk reviewed that the subject parcel was originally 26 acres The homestead parcel will be subdivided and sold but the beach house will remain The driveway currently runs in front of the homestead house to the beach which creates an issue A new driveway to the beach house camp is proposed from a new curb cut off Harbor Road Paul Goodrich Town Highway Department looked at the proposed driveway site and suggested additional clearing for sight distance improvement Fire Chief Wooster requested two turnouts on either side of the ridge on the driveway route and a hammerhead or loop at the end of the driveway The driveway is gravel The State of Vermont has restricted the use of the beach house as a seasonal camp from May to October This can only change if a wastewater area is located on the parcel Regarding a fire pond Mr Volk said that the elevation levels to the lake were difficult If the lot is further subdivided then a fire pond will be discussed

STAFF REPORT The Planning Commission received a Staff Report dated 52704 Mr Pierce noted that the proposed driveway is an opportunity to improve access to the lots Mr Volk showed the flat areas a ridge and wetlands in relation to the proposed driveway on the site plan The proposed driveway and curb cut are staked out The driveway will have to be resurveyed

DELIBERATION/DECISION Final plan amendment Drumheller 3735 Harbor Road SUB0405 MOTION by Kay Kraushaar seconded by Fred Schmidt to grant approval to Drumheller Sons Partnership owners of a 654 acre lot on Harbor Road for the amendment of a previously approved subdivision consistent with the plans submitted and subject to the following conditions • Plans shall be revised to address concerns of the Shelburne Fire Chief there shall be two pulloffs along the driveway and in the event of a change of use fire prevention ponds will be evaluated by the Fire Chief • Plans shall be revised to address concerns of Paul Goodrich specifically brush along the eastern edge of the parcel to be cut back to improve sight distance • Prior to filing a mylar plans shall be reviewed and a new mylar shall be recorded showing the new driveway VOTE unanimous 60 motion carried Reg Gignoux returned to the Planning Commission

9 OTHER BUSINESS CORRESPONDENCE Supplemental Staff Report Design Review Ray’s DevelopmentLake Champlain Housing Development Corp 2206 Shelburne Road DR0305 No one appeared on behalf of the application The Planning Commission received a Staff Report Mr Pierce stated the proposed changes to the exterior design can be approved by the Planning Commission reviewed by the Design Review Commission DRC and not require further review by the Planning Commission The applicant will need to abide by the DRC decision There were no comments from the public on the application MOTION by Fred Schmidt seconded by Tucker Holland to amend the design review approval extended to Lake Champlain Housing Development Corporation LCHDC for a proposal involving 18 units of affordable housing in nine duplex townhouse structures on the north side of Cynosure Drive more specifically the Planning Commission adds a third condition as follows • Changes to the exterior design of the buildings may be made by the applicant following review by the Shelburne Historic Preservation and Design Review Commission and such changes shall not require further review and approval by the Planning Commission VOTE unanimous 70 motion carried

10 ADJOURNMENT MOTION by Reg Gignoux seconded by Fred Schmidt to adjourn the meeting VOTE unanimous 70 motion carried The Planning Commission meeting adjourned at 1035 pm Minutes respectfully submitted by Kathlyn Furr Recording Secretary