Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
AUGUST 12 2004

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

STAFF PRESENT Dean Pierce Town Planner

OTHERS PRESENT Ives Bradley Mark Naud Gwen Webster Dana Farley Lin Stone Rosalyn Graham Kevin Clayton Ellen Janson Dave Marshall Bob Perry Marge Sharp

AGENDA

1 Call to Order and Approval of Minutes 72204 72904

2 Continuation Public Hearing on Village Zoning Amendments

3 Design Review Application Town of ShelburneShelburne Charlotte Hinesburg Interfaith Projects 5404 Shelburne Road Noonan House DR0416

4 Design Review Application and Site Plan Review Clayton InvestmentsKevin G Clayton dba Village Wine and Coffee 5288 Shelburne Road DR0415 SP0405 SUB0405

5 Preliminary Plan Review Randall Arlene Jamie Fisher 38 Webster Lane SUB0311

6 Final Plan Approval Joseph LP Maille and Marguerite M Maille 4786 Dorset Street SUB0404

7 Request for Rezoning of Arrowhead Property

8 Other Business Correspondence

9 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES Reg Gignoux assumed the duties of Chairman in the absence of Rick Peterson and called the meeting to order at 735 pm APPROVE MINUTES OF JULY 22 2004 JULY 29 2004 Postponed until next meeting

2 CONTINUATION PUBLIC HEARING ON VILLAGE ZONING AMENDMENTS Reg Gignoux opened the public hearing at 736 pm Dean Pierce stated input from the Town Attorney on the amendments is anticipated but not yet received Any changes that are made to the draft should be reviewed by the Town Attorney Following brief discussion the Planning Commission agreed the draft and any recommended changes could be forwarded to the Selectboard to allow the public hearing process to continue even though the Town Attorney’s input has not yet been received Hilda White expressed concern about outdoor food service areas on tiny lots in the village where apartment dwellings on the second floor level are being encouraged Ms White felt outdoor food service should not be allowed due to noise and disturbance of neighbors Dean Pierce noted existing businesses would not be impacted ie could continue outside food service but would need to comply with the noise ordinance Gwen Webster resident expressed concern about the proposed 15’ side yard setback disenfranchising a great number of properties in the village Ms Webster listed several properties that would not be allowed to expand including her own noting all of the properties predate zoning except where the banks are located and Shelburne Shopping Park Reg Gignoux pointed out there is a way for the Zoning Board to reduce the setback to 75’ Ms Webster interjected this would still leave some properties with structures on the property line Gwen Webster suggested the wording remain unchanged to read “15’ or existing setback of existing structure whichever is less Ms Webster also felt 35 building coverage is extreme It was noted the narrowest lot in the village is 57’ Back yard setback does not seem to be a problem Dana Farley representing Lin Stone village business owner recognized the zoning change is trying to support a dynamic mix of residential and commercial uses in the downtown area but the concern about existing buildings being very close to the side line is shared Ms Farley suggested the Planning Commission consider providing flexibility with regard to side and rear yard setbacks A gentleman in the audience asked from where the setback is measured since his deed says from the center of Route 7 Dean Pierce stated typically the setback is measured from the edge of the rightofway Kevin Clayton village business owner asked if outdoor food service could be allowed during certain hours of the day or under certain guidelines rather than being totally disallowed Dean Pierce clarified as the language is drafted now outdoor tables are allowed through the conditional use process Fred Schmidt suggested the words “adjacent outdoor areas appropriate to the season and time of day be added There was further discussion of outdoor food service Reg Gignoux mentioned there is a difference between a bar and food service Hilda White felt noise is a distraction regardless and the concern is evening hours not necessarily lunch hours Dean Pierce commented the Zoning Board if an outdoor food service application is approved would likely condition a restaurant use within a residential area to comply with the noise ordinance and apply restrictions on the number of outdoor tables Reg Gignoux stated each application should be handled on a casebycase basis It was noted ambient noise from Route 7 will outweigh restaurant noise Ives Bradley realtor stated having the option to eat outside in the evening would be a benefit to the downtown area of Shelburne With conditional use review the town has the opportunity to thoroughly review the application What has occurred in the village thus far has been on a level that has not been a problem observed Mr Bradley After further discussion the Planning Commission made the following changes to the proposed zoning amendments ed note underlined words are new Section 9705 – Definitions “Food service establishments such as restaurants and diners provided that all services and consumption of food and beverages are indoors and in adjacent outdoor areas provided they are designed to be screened from the road and adjacent properties and minimize noise impact on adjacent properties Section 9706c – Yard Requirements 2nd paragraph “If the footprint of a Qualifying Structure will be enlarged in connection with its conversion in use to an Allowable Use or if the footprint of a Qualifying Structure with an Allowable Use will be enlarged in connection with its continued use or conversion to another Allowable Use the following yard setback requirements shall apply to the proposed addition… Section 9706d – Coverage Requirements 1st paragraph “If the footprint of a Qualifying Structure will not be enlarged in connection with its conversion in use to one Allowable Use and no more than one Residential Unit the building coverage of the Qualifying Structure on the Existing Lot shall be the maximum coverage There were no further comments The public hearing was closed at 845 pm MOTION by Fred Schmidt SECOND by Hilda White to forward the draft language for Section 970 Village Core Overlay District to the Selectboard with the following four stipulationschanges 1 Confirm with the Town Attorney that the language in the bylaws is consistent with state statute specifically language relating to licensed daycare homes and registered family daycares 2 Make wording changes to the definition of food service establishments Section 9705 – Definitions to read as follows “Food service establishments such as restaurants and diners provided that all services and consumption of food and beverages are indoors and in adjacent outdoor areas provided they are designed to be screened from the road and adjacent properties and minimize noise impact on adjacent properties 3 Add “to the proposed addition to the end of the second paragraph under Section 9706c Yard Requirements to read “…the following setback requirements shall apply to the proposed addition 4 Make wording changes to the first paragraph under Section 9706d Coverage Requirements to read as follows “If the footprint of a Qualifying Structure will not be enlarged in connection with its conversion in use to one Allowable Use and no more than one Residential Unit the building coverage of the Qualifying Structure on the Existing Lot shall be the maximum coverage VOTING unanimous 50 motion carried

3 DESIGN REVIEW APPLICATION TOWN OF SHELBURNESHELBURNE CHARLOTTE HINESBURG INTERFAITH PROJECTS 5404 SHELBURNE ROAD NOONAN HOUSE DR0416 Rosalyn Graham appeared on behalf of the application

APPLICANT COMMENTS Rosalyn Graham described the sign for the Noonan House to be posted by the entrance to the shop at the rear of the building The wooden sign will be 30 by 15 with cream colored background dark green border and compass rose and dark red lettering The sign will be mounted to the building clapboard outside the entrance to the shop S

STAFF REPORT The Planning Commission received a written staff report on the application dated 81204 Dean Pierce mentioned the correction to the sign size correct to 30x 15

PUBLIC COMMENTS None

DELIBERATION/DECISION Design Review Faade Sign 5404 Shelburne Road Noonan House DR0416 MOTION by Hilda White SECOND by Fred Schmidt to approve the design review application submitted by the Shelburne Charlotte Hinesburg Interfaith Resale Shop SCHIPS for a faade sign to be located next to the shop entrance at the rear of 5404 Shelburne Road Noonan House consistent with the plans submitted and subject to the following conditions 1 The sign shall be mounted in the location designed “2 on the sheet titled “Suggested Locations for Faade Sign 2 The faade sign shall be mounted on the building using spacers that place the sign no more than from the siding 3 Any future proposal to illuminate the sign shall be considered by the HPDRC and shall not require review by the Planning Commission VOTING unanimous 50 motion carried

4 DESIGN REVIEW APPLICATION and SITE PLAN REVIEW CLAYTON INVESTMENTSKEVIN G CLAYTON dba VILLAGE WINE AND COFFEE 5288 SHELBURNE ROAD DR0415 SP0405 SUB0405 Kevin Clayton appeared on behalf of the application

APPLICANT COMMENTS Kevin Clayton explained his proposal for a hybrid business of serving gourmet coffee and baked goods in the front of the building 14 seats and retail sales of fine wine and cheeses in the back of the building There will be wireless portals available to patrons while they are enjoying their coffee and baked goods All the required local and state permits are being sought A conditional use approval was secured from the Zoning Board There is a parking deficit in the village which makes businesses unable to meet parking requirements stated Mr Clayton so a variance will be needed Mr Clayton made reference to his letter of 72304 detailing available public parking throughout the village stressing the need to address the parking issue in the village Having people walk to places in the village should be encouraged There was further discussion of parking and use of offsite parking Mr Clayton stated there are tenants in his building who are gone during the day so their parking spaces could be used The spaces could have a sign designating the parking for tenants only in the evening Tucker Holland asked if the pedestrian package is part of the traffic option with the Route 7 traffic light in the village Dean Pierce stated the light will be optimized first then the pedestrian portion added and the light reoptimized It was noted the pedestrian crossing at the Route 7 light is a safety issue Fred Schmidt commented the town needs to have a parking plan and know the available public parking It is unacceptable for the town to allow VTrans to say they do not want to set the precedent of having a dedicated pedestrian crossing at the Route 7 traffic light There was mention of having barrels in crosswalks to remind motorists to yield to crossing pedestrians Mr Clayton stated the color of the building will change but the awning will remain The same sized sign will be used for the new business A propane heater that resembles a woodstove will be used inside the building which will slightly modify the existing outside venting Future plans include cleaning up and enhancing the south side of the building Access to the building was reviewed The side door is a possible future handicap access The retail sales portion of the business will be accessed through the coffee shop Hilda White asked if the dumpster will be screened Mr Clayton replied the dumpster is small and has been on the site for a long time There are many dumpsters along Route 7 that are exposed to the road stated Mr Clayton In response to a question about paving the entire parking area Mr Clayton clarified the lot will be striped for parking to delineate tenant parking and handicap parking spaces

STAFF REPORT The Planning Commission received a staff report on the application dated 81204 Reg Gignoux mentioned outside lighting must meet town standards ie down shielded

PUBLIC COMMENTS None

DELIBERATION/DECISION Design Review Site Plan Retail Sales winecheese and Coffee Shop 5288 Shelburne Road Kevin G ClaytonClayton Investments DR0415 SP0405 SUB0405 MOTION by Tucker Holland SECOND by Fred Schmidt to approve the design review application submitted by Kevin G ClaytonClayton Investments for a sign awning and exterior vent related to a new use in the building at 5288 Shelburne Road consistent with the photo simulation and plan date stamped July 20 2004 and subject to the following conditions 1 The new sign shall be mounted in the same location as the previous sign which served the antique shop using existing “blocks to mount the sign 2 Any future proposal to illuminate the sign shall be considered by the HPDRC and shall not require review by the Planning Commission 3 The placement of four signs marking parking spaces for the apartments in the building is approved VOTING unanimous 50 motion carried MOTION by Hilda White SECOND by Fred Schmidt to approve the applicant’s implied request under Section 16701m and Section 16701n of the Shelburne zoning bylaws and specifically that the Planning Commission finds the plan consisting of four parking spaces for the existing apartments and five parking spaces including one handicap space for the hybrid use is reasonable as long as all spaces are striped VOTING unanimous 50 motion carried MOTION by Hilda White SECOND by Claude LaPierre to approve the site plan presented by Kevin G ClaytonClayton Investments Inc for a hybrid use encompassing retail sales and a coffee shop in a portion of a commercial building at the intersection of Shelburne Road and Harbor Road 5288 Shelburne Road consistent with the plans submitted and subject to the following conditions 1 Prior to the issuance of a building permit a revised site plan shall be prepared and submitted to the Planning Office and this revised plan shall a resolve discrepancies between parking plans submitted with the application b portray a layout endorsed by a civil engineer architect or landscape architect and c depict the location of any landscaping required by the Planning Commission to screen trash receptacles andor parking 2 Four of the proposed nine parking spaces shall be reserved for the use of apartment residents through signage or other means 3 Lighting on the site shall comply with the lighting standards contained in the zoning bylaws 4 The applicant shall install a “No Left Turn sign at the exit of the parking lot VOTING unanimous 50 motion carried

5 PRELIMINARY PLAN REVIEW RANDALL ARLENE JAMIE FISHER 38 WEBSTER LANE SUB0311 Dave Marshall CEA appeared on behalf of the application

APPLICANT COMMENTS Dave Marshall reviewed the subdivision revised common access easement of the driveway pedestrianbike path easement on Webster Road egressingress to the site water service lines and signs for the addresses on the driveway entrance Mr Marshall assured there will be follow up on the comments from Rick Lewis regarding the water supply storm water management plan and erosion control plan

STAFF REPORT The Planning Commission received a written staff report on the application dated 81204 Dean Pierce reported he has not heard from Rick Lewis regarding the water calculations

PUBLIC COMMENTS None

DELIBERATION/DECISION Preliminary Plan Resubdivision 38 Webster Road Fisher SUB0311 MOTION by Tucker Holland SECOND by Hilda White to grant preliminary plan approval to Randall and Arlene Fisher for amendment of the previously approved subdivision as shown on the plans presented and with the following conditions and submittals required for final plat review 1 Plans shall be revised to address any unresolved concerns identified by Rick Lewis 2 Numbering shall be consistent with the recommendation of the Police Chief Jim Warden VOTING unanimous 50 motion carried

6 FINAL PLAN APPROVAL JOSEPH LP MAILLE AND MARGUERITE M MAILLE 4786 DORSET STREET SUB0404 Bob Perry appeared on behalf of the application

APPLICANT COMMENTS Bob Perry explained the two lot subdivision of 72 acres into 374 acres and 3467 acres Mr Maille purchased the Sutton property 66 acres Development rights on 3467 acres are conveyed to the Vermont Land Trust The 374 acre parcel will be conveyed to the Nature Conservancy and be in agricultural use The lot will be fenced to keep cattle out of the wetlands No new development on any of the three parcels will occur There is an existing house on the former Sutton property

STAFF REPORT The Planning Commission received a written staff report on the application dated 81204 Name spelling corrections were noted The applicant assured the mylar and records will be corrected

PUBLIC COMMENTS None

DELIBERATION/DECISION Final Plan Subdivision 4786 Dorset Street Maille SUB0404 MOTION by Fred Schmidt SECOND by Claude LaPierre to grant final plan approval to Joseph LP Maille and Marguerite M Maille for the subdivision of an existing 72 acre parcel into two lots of 374 acres and 3467 acres respectively and that the 374 acre parcel shall be conveyed to the Nature Conservancy and the 3467 acre parcel shall have the development rights conveyed to the Vermont Land Trust VOTING unanimous 50 motion carried

7 REQUEST FOR REZONING OF ARROWHEAD PROPERTY Mark Naud Northern Vermont Financial Corporation and Ives Bradley Vermont Real Estate discussed with the Planning Commission the pros and cons of a residential and mixed use development on the 35 acre arrowhead property suggesting the Planning Commission may want to consider this type of development on the property rather than industrial development when updating the town plan The attributes of the property were reviewed within walking distance of the village and schools there is natural gas connection close to rail service space for recreation trails and nature areas The gentlemen noted there is significant interest in the property for a residentialmixed use development which would be well shielded from Route 7 There is not much interest in industrial development on the property Mr Naud briefly reviewed the ongoing enforcement action regarding toxic contaminants on Harbor Industry land which could impact the sale of the property Mr Naud and Mr Bradley volunteered to show potential site plans for the site for example a retailcommercial use as a gateway to a 4060 unit residential development and as a buffer to Harbor Industries or to bring potential developers to a future Planning Commission meeting to discuss various proposals and ideas for the site The Planning Commission discussed doing a site visit Mr Naud suggested doing a site visit in the fall to allow him time to clear a rough pathway through the property for the commissioners The commissioners can informally visit the property on their own schedule Dean Pierce suggested mentioning the property and potential development ideas to Paul Bohne who is a member of the Regional Planning Housing Task Force The Planning Commission will take the comments under consideration

8 OTHER BUSINESS CORRESPONDENCE None

9 ADJOURNMENT MOTION by Hilda White SECOND by Tucker Holland to adjourn the meeting VOTE unanimous 50 motion carried The meeting adjourned at 1010 pm Minutes respectfully submitted by MERiordan Recording Secretary

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
AUGUST 26 2004

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

STAFF PRESENT None

OTHERS PRESENT Doug Gibson Stephen Vock Jeffrey Severson Carrie and Steven Phillip Kerry and Ed Biggins Marge Sharp Pamela Lord Alexander Lord Janet Brzoska James Brzoska

AGENDA

1 Call to Order and Approval of Minutes 72204 72904 81204

2 Design Review Applications

3 Preliminary Plan Review Steven Carrie Phillip 711 Bishop Road SUB0309

4 Final Plan Amendment James Janet Brzoska 2007 Spear Street SUB957R1

5 Other Business Correspondence

6 Adjournment

1 CALL TO ORDER and APPROVAL OF MINUTES Chairman Peterson called the meeting to order at 731 pm APPROVE MINUTES OF JULY 22 2004 JULY 29 2004 AUGUST 12 2004 MOTION by Reg Gignoux SECOND by Kay Kraushaar to approve the 72204 minutes with the following correctionsamendments Globally correct the spelling of “Wamsganz Page 6 APPLICANT COMMENTS 1st paragraph 9th sentence – delete “Little League and change “ballfield to “ballfields Page 6 APPLICANT COMMENTS 1st paragraph 14th sentence – delete the sentence reading “This is the only proposed… Page 6 APPLICANT COMMENTS 3rd paragraph 1st sentence – replace “commissioned by the town to “by the MPO Page 7 3rd paragraph from page bottom 3rd sentence – confirm the queuing distance to the railroad tracks on Harbor Road in 2009 to be 410’ Page 8 STAFF REPORT 1st paragraph 2nd sentence – change “six inch to “six foot Page 9 PUBLIC COMMENTS 2nd paragraph 4th sentence – insert the word “an before the word “agreement Page 9 PUBLIC COMMENTS 3rd paragraph 1st sentence – correct the spelling of “Bay Road VOTING unanimous 50 motion carried MOTION by Hilda White SECOND by Reg Gignoux to approve the 72904 minutes with the following correctionsamendments Globally correct the spelling of “Wamsganz and “Morris Page 3 top paragraph 4th line down – change “hundreds of thousands to “thousands Page 4 Number of Residential Units Proposed 4th sentence – add “approval after the word “design Page 6 Parking 2nd paragraph 2nd sentence – delete “on the south side of the road Page 7 Traffic 1st sentence – change “application to “applicant Page 9 2nd paragraph 4th sentence – delete “with a green light when a train is coming Page 10 FireEmergency 4th sentence – delete “in the building noting that the building Page 12 MOTION condition 9 – change “structure to “structures Page 13 MOTION condition 17 – change “phase to “phasing VOTING unanimous 50 motion carried MOTION by Reg Gignoux SECOND by Fred Schmidt to approve the 81204 minutes with the following correctionsamendments Page 5 top paragraph sentence regarding parking plan – change “the available public parking to “where the available public parking is located Page 5 top paragraph sentence beginning with “It is unacceptable… – change to read “Fred Schmidt felt it is unacceptable… Page 7 APPLICANT COMMENTS 2nd sentence – strike the sentence reading “Mr Maille purchased the Sutton property 66 acres VOTING unanimous 50 motion carried

2 DESIGN REVIEW APPLICATIONS None

3 PRELIMINARY PLAN REVIEW STEVEN CARRIE PHILLIP 711 BISHOP ROAD SUB0309 Steve Vock Civil Engineering Associates CEA appeared on behalf of the application The Planning Commission and the applicant received a copy of the letter from the town’s consulting engineer Phelps Engineering regarding waste water disposal

APPLICANT COMMENTS Mr Vock explained the proposal to subdivide the parcel at 711 Bishop Road and the conditional building lot on the north end of the property The subdivision is defined as a major subdivision Three building locations have been defined as well as a waste water disposal area Access will be from Bishop Road The location of the driveway was reviewed The driveway is long and narrow The Fire Chief suggested locations for turnouts and wanted suitable turnaround space at the house noted Mr Vock adding this is acceptable A conditional use determination permit from the State of Vermont has been issued for the wetlands crossing Mr Vock reviewed the attributes of the three building locations noting the preferred building location 2 is upland in the trees and has better drainage than the other two building lots Even if there is some clearing of building location 2 for southern exposure there will still be significant buffer around the perimeter Access from Beaver Creek Road was explored but is not available without significant expense to the applicant Also the impact to the wetlands is as great as what is proposed if the lot is accessed from Beaver Creek Road Regarding waste water disposal on the site Mr Vock stated there are not multiple options Only one area was identified as suitable in the northwest corner of the parcel and the area will support only one residence Jeff Severson wetlands consultant discussed the area between the waste water disposal site and the house site shrub swamp that attaches to the main wetlands Access to building location 2 requires traversing the shrub swamp and entering from building location 3 The State of Vermont will require the appropriate snow fence and silt fence installments before construction can begin

STAFF REPORT The Planning Commission received a written staff report on the application dated 82604

PUBLIC COMMENTS Pam and Zander Lord neighbors asked about the proposed road driveway and cost and if there will be any blasting done because the area is ledge Ms Lord also noted there are deer and other wildlife in the area Mr Vock stated the road length is approximately 2000 feet and about 50’ from the property line The rightofway is approximately 30’ The cost to build the roadway is estimated at 20 per linear foot Ms Lord noted their neighbor spent 60000 for a 1500’ road plus utilities so it may be less expensive to have access from Beaver Creek Road The applicant stated Beaver Creek Association wanted more than 60000 to provide access from Beaver Creek Road and the access would require crossing a larger portion of the wetlands An estimate of 35000 has been received for the road construction Ms Lord requested the road be located on the other side of the trees to be better screened from view from her property Steve Vock noted additional plantings on the east side of the driveway to help with screening could be done Mr Vock also stated the intention was not to do any blasting of ledge A closer look at the grading will be done to determine the most appropriate course of action The existing well to the house must be considered Mr Vock reiterated it may be possible to move the roadway over slightly and add plantings for screening Chairman Peterson suggested the applicant meet with the neighbors Lord to discuss a mutually acceptable location for the driveway Mr Peterson mentioned the Planning Commission continues to have concern with the length of the driveway Rick Peterson asked about environmental impacts of the other building sites Steve Vock noted that a pump station would be needed to pump waste water from building site 1 to the northwest corner of the parcel The Beaver Creek waste water disposal system is outside of the town’s sewer district so the town should not be allowing more hook ups to that system Mr Vock noted the applicant needs a state permit for the waste water system which requires compliance with environmental protection rules A straw poll of the Planning Commission showed building location 2 is the desired building site Rick Peterson pointed out the subdivision as proposed allows for another building lot since the requirement in the zone is five acres and suggested that the subdivided lot be less than 10 acres Steve Vock stated it was suggested language could be included in the sales agreement regarding future subdivision of the lot or the boundary line could be changed to give the Phillips control on the property Following discussion it was agreed the boundary line on lot 2 will be changed to prevent further subdivision

DELIBERATION/DECISION Preliminary Plan Subdivision 711 Bishop Road Phillip SUB0309 MOTION by Hilda White SECOND by Kay Kraushaar to approve the preliminary plan proposal submitted by Steven and Carrie Phillip for 711 Bishop Road subject to the following conditions 1 The plans shall be modified to address any unresolved concerns raised by the town’s consulting engineer as noted in the Phelps Engineering letter to Dean Pierce of 82504 as well as unresolved concerns by town staff and the Fire Chief 2 The plans shall be modified to depict a single building envelope located in building evaluation area 2 on the preliminary plan 3 On lot 3 the southerly boundary shall be moved northward to result in a less than 10 acre lot 4 The applicant shall meet with the abutting property owners Lord to come to agreement on acceptable access and screening VOTING unanimous 50 motion carried

4 FINAL PLAN AMENDMENT JAMES JANET BRZOSKA 2007 SPEAR STREET SUB957R1 Doug Gibson Vermont Build appeared on behalf of the application

APPLICANT COMMENTS Mr Gibson explained his client’s preference to move the driveway to the north of the existing joint driveway because the elevation is higher to provide better sight distance to allay the cost of running a driveway to the front of the house from the joint driveway and because it makes sense to have the driveway closer to the garage side of the house There was discussion of the stipulation for the joint driveway to reduce the number of curb cuts on Spear Street and maintain the rural character of the area There was mention of other single and shared driveways in the area Bouyea private driveway Clifford and Vallee shared driveway It was noted the shared driveway at 2007 Spear Street has been constructed and is being used by the property owner of lot 1A Rick Peterson reviewed the elevation difference as stated by the applicant and did not feel there was a significant difference or a safety issue The Planning Commission agreed the number of curb cuts on Spear Street should be limited

STAFF REPORT The Planning Commission received a staff report on the application dated 82604

PUBLIC COMMENTS None

DELIBERATION/DECISION Final Plan Amendment Private Driveway 2007 Spear Street Brzoska SUB957R1 MOTION by Reg Gignoux SECOND by Fred Schmidt to grant approval to James and Janet Brzoska owners of a 535 acre lot on Spear Street to amend a previously approved subdivision consistent with the plans submitted and subject to the following conditions 1 The previously imposed condition requiring that Lots 1 and 2 be accessed by a single curb cut is stricken 2 Other conditions including the requirement that the front yard setback for any structures be 100’ from the Spear Street rightofway shall remain in effect 3 An updated and properly labeled revised final plan shall be submitted to the Planning Office within 60 days 4 Within 60 days of this approval the property owner shall record a “Memorandum of Municipal Action with the Shelburne Town clerk’s Office this document will notify future property owners of the approval and conditions VOTING 0 ayes 5 nays Peterson Gignoux White Kraushaar Schmidt motion did not carry

5 OTHER BUSINESS CORRESPONDENCE Town Plan Vision Statement There was general discussion of the Town Plan update Rick Peterson will suggest to Dean Pierce that the Planning Commission meet to discuss their notes on the vision statement A revised vision statement from Fred Schmidt was provided to the Planning Commission Bulb Outs Kay Kraushaar testified to the effectiveness of bulb outs in Boston as witnessed during a recent visit to the city

6 ADJOURNMENT MOTION by Reg Gignoux SECOND by Hilda White to adjourn the meeting VOTE unanimous 50 motion carried The meeting adjourned at 915 pm Minutes respectfully submitted by MERiordan Recording Secretary