Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
JUNE 10 2004

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

STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT Dana Farley Rayne Herlow Lisa Levine Oda Hubbard Marge Sharp Mary Catherine Jones Bev Jacobson Deb Cross Harry McEntee Phyllis McEntee Wendy Smith Chet Thabault Jan Thabault Lee Suskin Katie Camardo Ann Lamb Gerry Blair Andy Rowe Robert Miller

AGENDA

1 Call to Order and Approval of Minutes 51304 and 52704

2 Sketch Plan Review Town of ShelburneBullrock IncPizzagalli Properties LLC 154 Turtle Lane 19 Harbor Road and 166 Blodgett Road SUB0406

3 PUD Amendment Continuance Vermont Teddy Bear Co IncURSA VT QRS 1230 IncThe Miller Realty Group LLP South Park RdSUB923R2

4 Sketch Plan Review Continuance WThomas Anderson 941 Mt Philo Road SUB0403

5 Other Business Correspondence

6 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES In the absence of Rick Peterson Reg Gignoux assumed the duties of Chairperson and called the meeting to order at 734 pm APPROVE MINUTES OF MAY 13 2004 AND MAY 27 2004 MOTION by Tucker Holland SECOND by Fred Schmidt to approve the 51304 with the following correction Page 7 paragraph beginning with “Nancy Hinesdale noted… 9th sentence – correct to read “Mr Schmidt requested that a representative from the Neighborhood Trails Committee attend the site visit as well as a Gables representative VOTING unanimous 40 Claude LaPierre not present for vote motion carried MOTION by Fred Schmidt SECOND by Kay Kraushaar to postpone action on the May 27 2004 minutes until the next Planning Commission meeting VOTING unanimous 40 Claude LaPierre not present for vote motion carried

2 SKETCH PLAN REVIEW TOWN OF SHELBURNEBULLROCK INCPIZZAGALLI PROPERTIES LLC 154 TURTLE LANE 19 HARBOR ROAD AND 166 BLODGETT ROAD SUB0406 Gregg Beldock and Dana Farley appeared on behalf of the application Holland Tucker mentioned that Rayne Herlow Shelburne Athletic Club is an instructor for a product sold by Mr Tucker’s company but felt this would not interfere with his decision on the application The Planning Commission concurred

APPLICANT COMMENTS Gregg Beldock stated there are 40 acres along Harbor Road a 30 acre lot and a 10 acre lot used by Blodgett some of which is open land and wetlands Following exhaustive study of the wetlands it was found something could be done on the 10 acre parcel by the Blodgett building Mr Beldock explained the proposed uses on the reconfigured parcels of land stating the request for sketch plan approval of 12 residential units in the high land area three multipurpose recreation fields including two Little League and Babe Ruth baseball fields and a change of use to an indoor activity recreationcommunity center in the Blodgett building The residential units will be medium income range and approximately 1300 sf each A boundary line adjustment of the town property is needed as part of the proposal Paul Bohne Shelburne Town Manager explained merging the parcels on the west side of the site is not the intention of the town so there will be a single use on two pieces of property

STAFF REPORT The Planning Commission received a written staff report dated 61004 Dean Pierce stated traffic impact and parking information is needed from the applicant Regarding the residential piece the area is within the design review overlay district so the Historic Preservation and Design Review Commission HPDRC will have input Mr Pierce noted there is a sewer line that must be avoided when the buildings are constructed Paul Bohne confirmed there is a sewer line embedded in stone on the site The water table in the area is high The sewer line does not leak Dana Farley stated the Zoning Board granted conditional use approval to expand 50’ to the north and west so there are the appropriate setbacks for the residential units along Harbor Road Kay Kraushaar asked about existing boundaries and new boundaries being proposed Gregg Beldock stated the Blodgett boundary is proposed to be changed to allow the planned recreation fields to be all on town property Fred Schmidt asked for a list of zone changes and the zoning on the original parcels Paul Bohne referred to the town owned land as shown on the site plan noting the parcels will not be merged under this proposal the town may acquire the land in the future Presently there is the Blodgett lot with a building on it and the remainder is open space including the wetlands The subdivision is the land around the Blodgett building land around the proposed residential units and the remaining land adjacent to the townowned land The town owns a portion of the roadway that serves the Blodgett building The town is considering acquiring more of the roadway stated Mr Bohne Tucker Holland asked for clarification on the square footage of the residential dwellings Dean Pierce stated a duplex requires 10000 sf for each unit so two units per building equal 20000 sf in total Fred Schmidt asked for a description of the duplex units Gregg Beldock stated the garages will be sidebyside The dwelling house area will be above and to the sides of the garages twostory The units will share a common wall The footprint is 27’ x 66’ The largest unit is 13050 sf Fred Schmidt asked if the fields will be constructed as part of the project Gregg Beldock stated the entire project must occur all at once due to the business arrangement Mr Schmidt questioned the elevation of the property Gregg Beldock conceded there is a very small difference between the up high land area surrounding the wetlands and the wetlands elevation Mr Schmidt asked if the wetlands prevented development in the past Mr Beldock stated development in the area was not researched and the current proposal works because the limestone pavement on the site is being removed Paul Bohne stated three wetlands biologists have reviewed the site in the past 10 years The wetlands were delineated in November 2003

PUBLIC COMMENTS Phyllis McEntee Harbor Road questioned having so many units on a small area of land Reg Gignoux pointed out clustering housing units and having the surrounding land open is permissible under the regulations Wendy Smith Harbor Road asked about the approval process stages of review Reg Gignoux explained the application will go through the next stage of review by the Planning Commission which will require more detail on the proposal If the proposal does not meet the town plan or zoning regulations the plan can be denied Harry McEntee Harbor Road expressed concern about children crossing Harbor Road between the west and east fields Reg Gignoux stated traffic impacts and site circulation will be covered in the next stage of review Mr McEntee asked if the bond vote on 62904 for the property will be done without knowing if the project is approved Paul Bohne stated there are a number of permits required for the project local and state permits before construction can proceed The voters have the option to grant authorization to bond only if the project can go forward Lee Suskin Harbor Road stated the location for the ball fields is good but there are issues that need to be settled to ensure the land acquisition is a good deal for the town such as having sufficient parking for the ball fields and lighting impacts on the neighbors It was noted parking and lighting matters will be covered in detail at the next phase of review Mr Suskin stated that overflow parking onto Blodgett Road is a safety concern Use of the property by the Shelburne Athletic Club and the subsequent traffic that will be generated is a concern continued Mr Suskin adding it is difficult now to exit his driveway There was a question about trees being planted for a buffer and leaving the existing trees and vegetation in place Chet Thabault Harbor Road asked about hours of operation of the Athletic Club and the hours of operation for the indoor facility noting there will likely be additional traffic due to extended hours of operation Gregg Beldock stated the Athletic Club opens at 530 am and closes at 830 pm but the indoor facility will accommodate the community and school during daytime evening and weekend hours up to 11 pm Mr Beldock pointed out Blodgett Ovens had two 140person shifts in the building which created traffic during the shift changes in a volume greater than the proposed use will generate It is a benefit to the town to have a community center stated Mr Beldock stressing his desire to hear input and work together on the project Wendy Smith commented that the traffic on Harbor Road is intolerable except in the early morning so to add more traffic is a quality of life concern Chet Thabault added with Blodgett Ovens the work hours were Monday through Friday sometimes on Saturday but Sunday was a day of relief from the traffic The proposed use will generate traffic in the area seven days a week with expanded hours of operation commented Mr Thabault Gregg Beldock stated the traffic study is not complete There is information that the traffic light sequence needs to be changed which will have a positive impact on the flow of traffic Also utilization of the property at peak times will decrease traffic at the intersection of Harbor Road and Route 7 Rayne Herlow pointed out patrons of the Athletic Club at the Blodgett location will no longer need to cross through the Route 7 intersection after dropping their children at the school they will simply go from the school across the street to the club Wendy Smith interjected residents along Harbor Road will still experience a traffic impact Jan Thabault Harbor Road asked about the bond vote and if the amount changed when the field layout changed Paul Bohne stated the Capital Plan shows 12 million for the field at Long Meadow The bond coming up for vote in June is for 15 million to be used to purchase land and construct fields and phasing in the renovation of the fields behind the community school Fund raising must also be done as well as application for grant money There will be a 125 cent impact on the tax rate by the bond vote Lisa Levine urged the Planning Commission to ensure there is adequate parking on the site to make it worthwhile and justify the expense of acquiring the land and building ball fields Fred Schmidt commented having a community center in the downtown area will allow people to walk to the site rather than drive their car Dean Pierce stated the Natural Resources Committee reviewed the proposal and recommended there be a conservation easement held by a third party on the wetlands and to monitor the treatment of the wetlands throughout the project

DELIBERATION/DECISION Sketch Plan Town of ShelburneBullrock IncPizzagalli Properties LLC 154 Turtle Lane 19 Harbor Road and 166 Blodgett Road SUB0406 There was discussion of expediting the review process to allow the ball fields to be builtplanted during this construction season The applicant noted per the contract on the property the fields have to be seeded by October 2004 MOTION by Fred Schmidt SECOND Kay Kraushaar to do a site visit on Thursday 61704 530 pm meet in the Blodgett building parking lot VOTING unanimous 40 Claude LaPierre not present for vote motion carried MOTION by Fred Schmidt SECOND by Tucker Holland to continue the sketch plan review for 154 Turtle Lane 19 Harbor Road and 166 Blodgett Road SUB0406 until 62404 VOTING unanimous 40 Claude LaPierre not present for vote motion carried MOTION by Fred Schmidt SECOND by Tucker Holland to amend the agenda to consider the Anderson application before the Vermont Teddy Bear application VOTING 3 ayes 1 nay Claude LaPierre not present for vote motion did not carry due to lack of a quorum MOTION by Fred Schmidt SECOND by Kay Kraushaar to amend the agenda to discuss the Anderson application at this time VOTING unanimous 40 Claude LaPierre not present for vote motion carried

3 SKETCH PLAN REVIEW CONTINUANCE WTHOMAS ANDERSON 941 MT PHILO ROAD SUB0403 No one appeared on behalf of the application

STAFF REPORT The Planning Commission received a written staff report dated 61004 PUBLIC COMMENTS Mary Catherine Jones neighbor asked to be kept informed about the subdivision proposal Ms Jones said she does not object to the plan but would like to know where the house on the back lot will be built to ensure the view of the mountains from her house is not blocked Dean Pierce will ensure Ms Jones receives a copy of the staff report The Planning Commission urged Ms Jones to communicate directly with the applicant as well as attend the public hearings on the application

DELIBERATION/DECISION Sketch Plan Anderson 941 Mt Philo Road SUB0403 MOTION by Fred Schmidt SECOND by Tucker Holland to continue the Anderson application SUB0403 until 62404 per the request of the applicant VOTING unanimous 40 Claude LaPierre not present for vote motion carried

4 PUD AMENDMENT CONTINUANCE VERMONT TEDDY BEAR CO INCURSA VT QRS 1230 INCTHE MILLER REALTY GROUP LLP SOUTH PARK ROAD SUB923R2 Robert Miller and Andy Rowe appeared on behalf of the application It was noted that when Reg Gignoux recuses himself from the Planning Commission there will not be a quorum present to hear the application MOTION by Fred Schmidt SECOND by Kay Kraushaar to recess the meeting until the arrival of Claude LaPierre VOTING unanimous 40 motion carried The meeting was recessed at 9 pm Claude LaPierre arrived at 935 pm MOTION by Tucker Holland SECOND by Kay Kraushaar to reconvene the meeting VOTING unanimous 50 motion carried The meeting was reconvened at 936 pm Reg Gignoux recused himself Fred Schmidt assumed the duties of Chairman

APPLICANT COMMENTS Robert Miller stated the proposed parking lot on the east side of the existing factory Building 1 has been eliminated from the plan and the gravel parking lot in the rear of the building has been changed to a fire lane The two or three pole lights and building mounted light on the south side of the building will be eliminated as well Andy Rowe stated the parking has been decreased from 539 spaces to 456 spaces which is less than the 532 spaces required by the code but a waiver of 20 of the parking is requested Dean Pierce explained the Planning Commission can approve a waiver per Section 1670 of the regulations and state the determination that the requirement of 456 parking spaces for the existing factory and shippingassembly facility and proposed expansion is reasonable STAFF REPORT The Planning Commission received a written staff report dated 61004 Fred Schmidt urged the Planning Commission to discuss the lighting plan and landscape plan Kay Kraushaar requested a more complete landscaping and lighting plan for review prior to taking action on the current application rather than showing just the areas where changes will occur There was lengthy discussion of existing and proposed lighting and landscaping Kay Kraushaar mentioned the western faade of the building and the need for more trees to be planted in the area per the approved landscape plan of 2000 Robert Miller stated his willingness to certify that the approved 2000 landscape plan is in place Mr Miller noted the urgency to move forward with the project due to space constraints on the business building space is needed Regarding lighting four fixtures are being added There is not a cumulative impact with lighting as with traffic stated Mr Miller The lights are two or three foot candles Mr Miller argued if the requirements of the ordinance are met by the proposal then approval should be granted There was further discussion of lighting Katie Camardo Teddy Bear Co offered to provide employees with flashlights thus allowing the proposed lighting to be eliminated from the plan Kay Kraushaar reiterated her request for a view of the total site with regard to lighting and landscaping so the Planning Commission can make a well balanced informed decision Andy Rowe stated a lighting plan has been prepared and illumination data will be submitted The existing light fixtures on the site were previously approved by the Planning Commission The applicant was not aware the plan should have been prepared showing all the existing light fixtures on the site Mr Rowe stated the lighting information was based on 16’ high 100 watt metal halide lights spaced 60’ apart with a cast out of 30’ creating 2 foot candles where there is overlap there is 4 foot candles There will be dark spots between poles There was discussion of the fire lane and plowing in the winter time The applicant assured the fire lane will be cleared and maintained

PUBLIC COMMENTS None

DELIBERATION/DECISION PUD Amendment Vermont Teddy Bear Co South Park Road SUB923R2 MOTION by Tucker Holland SECOND by Claude LaPierre to approve the request for a parking waiver under Sections 16701m and n of the Shelburne zoning bylaws and that the Shelburne Planning Commission specifically finds that the requirement of 456 parking spaces for the existing factory shipping and assembly facility and proposed expansion is reasonable VOTING unanimous 40 motion carried MOTION by Kay Kraushaar SECOND by Claude LaPierre to approve the PUD amendment application submitted by Vermont Teddy Bear Company Inc et al consistent with the plans submitted and subject to the following conditions 1 Prior to the recording of a final platmylar the applicant shall update plans to address any unresolved concerns identified by the Fire Chief 2 A revised landscaping plan shall be prepared showing the May 2000 plan the new plan for the berm and the western faade three areas as discussed on 61004 and prior to the issuance of a building permit staff shall return the plan to the Planning Commission for confirmation of the elements of the plan 3 Prior to the issuance of a building permit a Letter of Credit for 100 of the cost of the required landscaping with a term of two years shall be submitted 4 Lighting shall comply with the lighting section of the Shelburne zoning bylaws lighting shall be limited to the locations depicted on the plans as modified at the meeting on 61004 and no other building or site lighting for the new facility is approved without further review and approval by the Planning Commission 5 Prior to the issuance of a building permit a preconstruction meeting shall be held between the developer his engineer and contractor and town staff before commencing construction additional meetings shall be held as requested by town staff during construction eg following large storm events 6 All other conditions of approval granted April and May 2000 and May of 1992 specifically those not modified by the present application shall remain in effect 7 Roof material shall match the existing roof 8 The plans shall be revised to reflect changes in parking as discussed at the 61004 meeting VOTING unanimous 40 motion carried Reg Gignoux resumed the duties of Chairman

5 OTHER BUSINESS CORRESPONDENCE Smart Growth Presentation on 61704 Dean Pierce announced a presentation facilitated by Beth Humstone on Smart Growth on 61704 at 7 pm at the Shelburne Municipal Building

6 ADJOURNMENT MOTION by Kay Kraushaar seconded by Claude LaPierre to adjourn the meeting VOTE unanimous 50 motion carried The meeting adjourned at 1035 pm Minutes respectfully submitted by MERiordan Recording Secretary To Do List from 61004 Planning Commission meeting 1 Add approval of the 52704 minutes to the next agenda 2 Send a copy of the staff report on the Anderson application 941 Mt Philo Road to Mary Catherine Jones neighbor to the Andersons

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
JUNE 24 2004

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

STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT Dana Farley Marge Sharp Mary Catherine Jones John Powell Paul Rosenthal JeanCarol Dunham Chuck Dunham Steve Dates Dave Marshall Pat Peasoner Lois D’Arcanjelo Merrill Denise Johnson Tom Anderson Chad Anderson Charles LaClair Jeanne LaClair Thora Poinicter Heidi Bock Cherie Schrader Sharon Robinson Mark Hoskin Carla Kelvorkian Rayne Herlow George Faris Harry McEntee Jan Gannon Mark Hoskins

AGENDA

1 Call to Order and Approval of Minutes 52704 and 61004

2 PRD Final Plan Review Charles JeanCarol Dunham 13 Thomas Road SUB0401

3 PRD Final Plan Amendment Ray’s DevelopmentShelburne Housing Limited Partnership 2206 Shelburne Road SUB0110R1

4 Sketch Plan Review Town of ShelburneBullrock IncPizzagalli Properties LLC 154 Turtle Lane 19 Harbor Road and 166 Blodgett Road SUB0406

5 Sketch Plan Review Continuance WThomas Anderson 941 Mt Philo Road SUB0403

6 Discussion of Possible Zoning Changes in Shelburne Village

7 Other Business Correspondence 8 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES Rick Peterson Chairman called the meeting to order at 733 pm APPROVE MINUTES OF MAY 27 2004 MOTION by Reg Gignoux SECOND by Hilda White to approve the 52704 with the following corrections Globally correct the spelling of “Steve Vock and “Rick Greenough Page 7 last paragraph discussion of Maille property and Sutton property – clarify that 71 acres of the Maille farm will be subdivided with 32 acres under the jurisdiction of the Nature Conservancy and the development rights on 39 acres will be held by the Land Trust and correct the vote on the motion to reflect 6 ayes 0 nays VOTING unanimous 60 Claude LaPierre not present for vote motion carried APPROVE MINUTES OF JUNE 10 2004 MOTION by Kay Kraushaar SECOND by Fred Schmidt to approve the minutes of 61004 with the following corrections Globally correct the spelling of “Herzog and “Tucker Holland Page 3 Bullrock application – correct the square footage of the housing units to “1300 sf VOTING unanimous 70 motion carried

2 PRD FINAL PLAN REVIEW CHARLES JEANCAROL DUNHAM 13 THOMAS ROAD SUB0401 Dave Marshall Civil Engineering Associates appeared on behalf of the application

APPLICANT COMMENTS Dave Marshall briefly reviewed the proposal noting the rightofway adjacent to the intersection with the Krag driveway has been clarified and more detail has been provided on the waste water disposal system Technical details are still being discussed with the Town Engineer The applicant is requesting the option of not paving the driveway until construction is complete The plan is to apply crushed stone to the driveway at this time There was further discussion of the advantagesdisadvantages of paving the driveway dust control easier access for fire truckscreating more impervious surface Charles Dunham pointed out it is paved from Thomas Road to the Dunham house but the Krag driveway is not paved Rick Peterson asked about the view shed across Lot 3 Dave Marshall explained if the third lot Lot 3 is ever developed there is interest in where a house would be located with regard to impacting the view from the Krag lot A building envelope is not shown on the lot because that would indicate the lot is developable Charles Dunham further explained to protect the view for the two houses on the other two lots a view shed line was created for lots A B There was brief discussion of the potential for a designated town path on the west side of the LaPlatte River

STAFF REPORT The Planning Commission received a written staff report dated 62404 and a letter from the Town Engineer dated 62104 regarding technical matters Dave Marshall stated there is no issue with the items noted in the Town Engineer’s letter

PUBLIC COMMENTS None

DELIBERATION/DECISION PRD Final Plan Dunham 13 Thomas Road SUB0401 MOTION by Fred Schmidt SECOND by Hilda White per the PRD regulations to grant a waiver of the following dimensional requirements 1 with respect to lots AB the applicant is granted a reduction in the required lot width from 200’ to 1725’ VOTING unanimous 70 motion carried MOTION by Kay Kraushaar SECOND by Reg Gignoux to grant PRD final plan approval to Charles and JeanCarol Dunham to resubdivide a previously approved 101 acre parcel between the LaPlatte River and Thomas Road consistent with the plans submitted and subject to the following conditions 1 Unless approved by the Planning Commission via an amendment to the subdivision the 39 acre lot lot C shall remain undeveloped 2 Prior to filing a mylar plans shall be revised to address comments received from Town staff andor the Town’s consulting engineer specifically the letter from Phelps Engineering dated 62104 3 Prior to filing a mylar the application shall submit finalized and executed legal documents revised to the satisfaction of the Town Manager and Town Attorney 4 Within 60 days of this approval the property owner shall record a “Memorandum of Municipal Action with the Shelburne Town Clerk’s office said document will notify future property owners of the approval and conditions 5 The final plan shall be amended to reflect that paving is not required on the common roadway VOTING unanimous 70 motion carried

3 PRD FINAL PLAN AMENDMENT RAY’S DEVELOPMENTSHELBURNE HOUSING LIMITED PARTNERSHIP 2206 SHELBURNE ROAD SUB0110R1 John Powell Lake Champlain Housing appeared on behalf of the application

APPLICANT COMMENTS John Powell explained the proposal to bring the hedge along the property line up to the level of the land behind the building five to six foot change in elevation to create a screen for the neighbors

STAFF REPORT The Planning Commission received a written staff report on the application dated 62404 Dean Pierce stated a full sized version of the site plan with the revision date stamped on it is needed for the town’s records

PUBLIC COMMENTS Merrill Johnson 124 Green Hills Drive and Jeanne LaClair 120 Green Hills Drive asked about use of the property beyond the hedge for sliding in winter for example John Powell replied the proposal is not envisioned as a change that would bring more use of the land by the property owner There were no further comments

DELIBERATION/DECISION PRD Final Plan Ray’s DevelopmentShelburne Housing Limited Partnership 2206 Shelburne Rd SUB0110R1 MOTION by Fred Schmidt SECOND by Claude LaPierre to approve the amendment of the PRD Final Plan for the Shelburne Housing Limited Partnership project and more specifically a permit amendment of the project landscaping plan consistent with the plans submitted and with the following conditions 1 All other existing conditions of approval shall remain in effect 2 A full sized version of the site plan with the revision date stamped on it shall be submitted to the Town 3 Within 60 days of this approval the property owner shall record a “Memorandum of Municipal Action with the Shelburne Town Clerk’s office said document will notify future property owners of the approval and conditions VOTING unanimous 70 motion carried

4 SKETCH PLAN REVIEW TOWN OF SHELBURNEBULLROCK INCPIZZAGALLI PROPERTIES LLC 154 TURTLE LANE 19 HARBOR ROAD AND 166 BLODGETT ROAD SUB0406 George Faris Dave Marshall Gregg Beldock and Dana Farley appeared on behalf of the application APPLICANT COMMENTS George Faris reviewed the three lot subdivision of a 49 acre parcel creating a 384 acre lot with three recreation fields and shared parking with the Blodgett building and on the western end town land two ball fields with parking on town land There will also be 12 units of housing PRD clustered on Lot 2 Access for the existing building and the three athletic fields will be Blodgett Road Turtle Lane will provide access to the town baseball fields The housing units will be off of Harbor Road with access from Harbor Road The Town is currently discussing granting conservation rights to the Nature Conservancy for a portion of the site wetlands portion Mr Faris noted the development is compatible with the zoning in the area The existing vegetation by the proposed housing lot will remain Additional plantings of Evergreens will be done to screen the athletic fields and the existing homes on Railroad Lane and Harbor Road Roger Dickinson traffic consultant will be looking at traffic issues with the application Mr Faris mentioned the urgency in getting the ball fields seeded by fall Rick Peterson suggested repositioning the soccer recreation field shown by the Blodgett building to align with the land owned by the Beldock entity and moving a portion of the land on the west side to above Lot 2 as shown on the plan George Faris noted the lot layout is such to meet lot coverage ratios for Lot 3 Gregg Beldock stated the suggestion will be taken under consideration Steve Dates Shelburne Selectboard said the suggested change would not be a problem for the town It was noted there will be easements to access the fields Kay Kraushaar asked if it would be possible to park along the railroad tracks behind the Blodgett building Dave Marshall stated one stack of parking is possible in that location as long as zoning requirements can be met setbacks lot coverage Rick Peterson asked about the VELCO line on the northerly side of the property George Faris stated the transmission line will run from the existing substation across the property and up along the northerly property line The four suggested options for location of the VELCO line were briefly reviewed Steve Dates reported the Town has requested a rightofway easement and to have the line angle up to avoid the fields and building A response from VELCO has not yet been received Rick Peterson asked about adding landscaping along Blodgett Lane to prevent parking along the road side George Faris stated once the town assumes responsibility for the road as a town road the Selectboard will be petitioned to designate no parking on the road side Reg Gignoux stated the clustered housing as shown on the plan is out of character with the center of town and suggested the housing units be arranged to face Harbor Road so they are part of the village Mr Gignoux also suggested the number of buildings be reduced Rick Peterson agreed with Mr Gignoux’s comments George Faris stated the wetlands are the issue any change to the area has repercussions on the wetlands Gregg Beldock recalled the Zoning Board of Adjustment made the same observation about the housing and strides are being made to address the issue Kay Kraushaar asked about moving the houses farther down the road George Faris noted the Village Development District ends at the housing units then the zone changes to the CommerceIndustry District The number of units complies with density requirements The housing units will target moderate income levels Dave Marshall submitted a sketch drawing showing a more open and “friendly housing layout adding there will be landscaping and other finishing touches that are not shown on the sketch Fred Schmidt urged creative thinking with the housing layout not necessarily just lining the road Hilda White asked about the sewer line under the houses and ball fields Dave Marshall stated the line will be relocated between the buildings however the pipe will not be impacted by being under the athletic fields S

STAFF REPORT The Planning Commission received a written staff report dated 62404 Dean Pierce pointed out if the 24 parking spaces at 29 Harbor Road are needed then the lot must be part of the project Also the applicant should be encouraged to submit the revised plans to staff as soon as possible Mr Pierce stated the Planning Commission can tap the expertise of the MPO to review traffic impacts The Fire Chief said the fire hydrant needs to be replaced at the Blodgett building

PUBLIC COMMENTS Harry McEntee Harbor Road asked how the plan will tie together The memo from the Neighborhood Paths Committee was cited The memo noted crosswalks in three places Harbor Road at Blodgett Road Harbor Road at the school entrance and across School Street a 10’ bikepedestrian path adjacent to Blodgett Road from Harbor Road and extension of the sidewalk on the north end of Blodgett Road from Harbor Road to Turtle Lane Steve Dates noted there is a sidewalk on the southern side of Harbor Road and it might be overkill to have a sidewalk on both sides of the road Rick Peterson urged the applicant to consider the suggestions of the Paths Committee Jan Gannon Shelburne resident asked if a trail through the wetlands could be mowed Dave Marshall said if the area is not regulated through the State of Vermont then there is not a problem though the State may impose some restrictions What has historically been mowed hayed can continue to be mowed Wendy Smith Harbor Road expressed concern about the increase in traffic car headlights shining into houses and impact on the quality of life of residents Rick Peterson stated landscaping and screening will be discussed at the next stage of review George Faris said research will be done on the level of traffic when Blodgett Oven was in operation and the incremental change expected with the proposal It was noted the fields will not have lights Indoor playing fields will operate until 11 pm Residents noted with more parking there will be more cars and the traffic from Blodgett Oven was predictable on shift changes A woman in the audience commented on the noise of cars leaving the Blodgett site and trucks making deliveries Jan Gannon pointed out the cars going to the Blodgett site for use of the fields will be the same cars going to the school now and now traffic seems to be manageable Rick Peterson urged the residentsneighbors to discuss their concerns and suggestions for mitigation of issues with the developer Fred Schmidt noted the increased community use of Harbor Road has to be recognized Mr Edwards resident pointed out the proposal to have the Shelburne Athletic Club in the vacant Blodgett building will add to the tax base and business environment in town in a “clean industry manner George Faris stated the building will house the Shelburne Athletic Club including indoor field space and related office uses such as health care physical therapy A pool may be installed in the future Mark Hoskins resident commented positively on the proposal as a wonderful solution to the need for additional playing fields

DELIBERATION/DECISION Sketch Plan Town of ShelburneBullrock IncPizzagalli Properties LLC 154 Turtle Lane 19 Harbor Road and 166 Blodgett Road SUB0406 MOTION by Fred Schmidt SECOND by Reg Gignoux to classify the application submitted by the Town of ShelburneBullrock IncPizzagalli Properties LLC as a major subdivision VOTING unanimous 70 motion carried MOTION by Tucker Holland SECOND by Hilda White to grant sketch plan approval to the Town of ShelburneBullrock IncPizzagalli Properties LLC for the creation of a threelot subdivision and a 12unit Planning Residential Development PRD on one of the lots created with the following conditions and submittals required for preliminary plat review 1 The preliminary plan application shall include a traffic and parking demand study and before submitting the study the applicant’s traffic consultant shall meet with planning staff and staff of the Chittenden County Metropolitan Planning Organization CCMPO to review and discuss assumptions used in the study 2 Plans shall be modified to indicate the location of the Design Review Overlay District and correct errors in the labeling of property ownership ie Engstrom lot 3 Plans shall be clarified to indicate anticipated future ownership of Blodgett Road 4 The applicant shall initiate Design Review of the residential component of the project prior to or simultaneously with the submission of the preliminary plan application 5 The applicant will consider reconfiguring the boundary of Lot 3 of the southern most soccer field to extend along the northerly boundary of Lot 2 6 The applicant will consider reconfiguring of the PRD component consistent with the sketch drawing submitted at the Planning Commission meeting on 62404 7 Should the parking spaces depicted at 29 Harbor Road be required as part of the project future applications shall be modified to include the parcel 8 The applicant will consider the recommendations of the Neighborhood Paths Committee with respect to crosswalks paths and sidewalks VOTING unanimous 70 motion carried

5 SKETCH PLAN REVIEW CONTINUANCE WTHOMAS ANDERSON 941 MT PHILO ROAD SUB0403 Tom and Chad Anderson appeared on behalf of the application

APPLICANT COMMENTS Tom Anderson showed the location of the building envelopes one on Lot 2 of 75’ x 205’ with a detached garage and one on Lot 3 of 100’ x 100’ Plans to minimize the impact on the neighbor’s views are being discussed The house site was chosen because it is the highest point on the land The location of the driveway will be shown on the final plans Mr Anderson reviewed the location of the septic disposal areas Regarding preservation of agricultural land 37 acres will be put in current use Rick Peterson urged consideration of keeping the agricultural land productive Mr Anderson addressed the matter of pathstrails noting that there is no eastwest access and the terrain is very rough ravines and wet areas but if the Town does identify a trail through the property the trail will be considered

STAFF REPORT The Planning Commission received a written staff report dated 62404

PUBLIC COMMENTS Mary Catherine Jones neighbor expressed appreciation for the sensitivity to the view shed being shown by Mr Anderson as well as the willingness to work toward an amicable solution Ms Jones asked to be kept apprised of plans so all can enjoy the scenery and sense of privacy

DELIBERATION/DECISION Sketch Plan Anderson 941 Mt Philo Road SUB0403 MOTION by Kay Kraushaar SECOND by Fred Schmidt to classify the application submitted by WThomas Anderson as a minor subdivision VOTING unanimous 70 motion carried MOTION by Fred Schmidt SECOND by Tucker Holland to grant sketch plan approval to WThomas Anderson for the subdivision of an existing 462 acre parcel with a single family residence into three lots with the following conditions 1 The location of the building envelopes shall be indicated on the final plan submitted with the final plan application and details such as the location of the building footprint on Lot 3 relative to the opening in the tree line between the Anderson property and the property at 1011 Mt Philo Road shall be provided 2 The revised location of the access serving the Hyde property shall be depicted on the final plan submitted with the final plan application 3 One or more concepts for trail or path easements will be considered as part of the final plan application 4 One or more concepts for conserving the agricultural portions of Lot 3 will be proposed as part of the final plan application VOTING unanimous 70 motion carried

6 DISCUSSION OF POSSIBLE ZONING CHANGES IN SHELBURNE VILLAGE Dean Pierce provided the Planning Commission with draft language for zoning changes related to conversion of residential uses to commercial uses in the village district Section 9704 The suggested changes include discussions held by the Historic Preservation and Design Review Committee HPDRC The Committee agreed commercial uses can not go into small lots occupied by residential use rather that there should be an overlay zone to the Village Center District Also the proposed changes to the zoning apply to applications involving existing structures Mr Pierce reported commercial use in a house ie an apartment was discussed by the HPDRC as well as conversion of the building to accommodate the commercial use rather than demolition and reconstruction of the building The Planning Commission received information on commercial and residential uses in village centers in area municipalities with regard to lot size frontage requirements and setback requirements Mr Pierce noted the Neighborhood Paths Committee supports the proposed changes but want sidewalks and paths to be included in the application review There was general agreement the village should not consist completely of commercial uses there should be incentives for apartments and the front yard setback on Route 7 should be reduced from the presently required 50’ The HPDRC recommends the Planning Commission modify zoning to increase commercial and mixed uses in existing buildings within the village core and seek input from the Zoning Board on the proposed changes It was also suggested the number of variances being sought for conversion of residential to commercial and the reasons why the variances are being sought ie due to setbacks lot size should be researched There was discussion of the need to clearly define the term “conversion Dean Pierce explained if an applicant wants to locate a business within their house and makes an addition to the house 10 increase in size that would be considered a “conversion A substantial increase in the size of the house is not a conversion George Faris resident mentioned two situations in the village where a commercial use in an existing building was not allowed due to frontage requirements or setbacks and another situation in the village where an existing business has outgrown their space and due to zoning limitations the business will have to move out of the village It was noted there is a signed petition in support of the conversion of downstairs space at 52 Harbor Road to commercial use Mr Faris urged the Planning Commission to take action on the zoning changes as soon as possible by warning a public hearing immediately gathering input from the Zoning Board and incorporating the comments into the amendment Reg Gignoux expressed concern about making changes in a vacuum when the Town Plan is currently in the process of being updated George Faris noted the dimensional requirements in the village center no longer make sense if the Town wants to encourage development in the village The suggested changes are low impact There was further discussion of the proposed zoning amendment and the process to implement a change to the ordinance time line It was agreed parking greater density and other associated impacts need further discussion relative to the proposed Section 9704 The Planning Commission suggested the Zoning Board be invited to the next meeting to discuss the proposed zoning changes MOTION by Fred Schmidt SECOND by Reg Gignoux to warn a public hearing on 72204 regarding the Village Overlay District and the proposed Section 970 of the zoning ordinance as drafted by Dean Pierce and discussed by the Planning Commission on 62404 VOTING unanimous 70 motion carried

7 OTHER BUSINESS CORRESPONDENCE Work Session on Plan Update 7804 Dean Pierce announced a work session on 7804 to continue updating the Town Plan

8 ADJOURNMENT MOTION by Fred Schmidt SECOND by Reg Gignoux to adjourn the meeting VOTE unanimous 70 motion carried The meeting adjourned at 1045 pm Minutes respectfully submitted by MERiordan Recording Secretary