MEMBERS PRESENT:       Rick Peterson, Chairman; Fred Schmidt, Hilda White, Kay Kraushaar, Tucker Holland, Claude LaPierre. (Reg Gignoux was absent.)

 

STAFF PRESENT:                Dean Pierce, Town Planner.

 

OTHERS PRESENT:            Marge Sharp, Steve Dates, Judy Raven, Lee Suskin, Gregg Beldock, Jan and Chet Thabeault, Oda Hubbard, George Faris, Matt Wamsganz.

 

AGENDA:     

1.      Call to Order and Approval of Minutes (8/26/04)

2.      Design Review Application, Pizzagalli Properties, LLC/Bullrock Corporation, 19 Harbor Road (DR04-14)

3.      Final Plan Review, Town of Shelburne/Bullrock, Inc./Pizzagalli Properties, LLC, 154 Turtle Lane, 19 Harbor Road & 166 Blodgett Road (SUB04-06)

4.      Other Business, Correspondence

5.      Adjournment

Chairman Peterson called the meeting to order at 7:39 p.m.

 

MOTION by Hilda White, SECOND by Fred Schmidt, to approve the 8/26/04 minutes with the following corrections/amendments: -Page 2, last paragraph, 2^nd line – strike the words following “Bishop Road”; -Page 3, 1^st paragraph, 3^rd line – strike sentence pertaining to access to building location #2 by traversing the shrub swamp and location #3; -Page 4, MOTION on 711 Bishop Road application – correct the voting to reflect one nay (Fred Schmidt).

 

VOTING: unanimous (5-0) [Claude LaPierre not present for vote]; motion carried.

 

Chairman Peterson stated the Planning Commission will vote on both the design review and final plan applications after the hearings. The Planning Commission received graphics (photographs, lot layout) from Peter Morris, architect.  Gregg Beldock, George Faris, and Matt Wamsganz appeared on behalf of the design review application.

 

Gregg Beldock reported the Design Review Committee wanted the design of the housing units changed from a village roundabout look with apple trees and a play area to a less symmetrical design using a spur of property jutting out of the wetlands as well as other areas. Following a lengthy meeting between the Design Review Committee and the architect, the housing units are smaller and shorter in some cases, garages are in front of some units and behind others, vinyl siding will be used, cars and children will share an area designated by colored paving (similar to a European style development), there will be three and two bedroom units and a mix of size and style. There will be a total of 14 housing units. Porch columns will be structural posts. All units will have designated parking spaces and the roadway is wide enough for a large truck (18-wheeler) to pass through.  Mr. Beldock commented on the level of detail related to the construction of the units covered by the Design Review Committee, such as specifying an eighth inch gap in the deck boards.  Mr. Beldock stated the housing units will be sold at the same time (it is not known at this time if the managing entity will be a homeowners association or some other organization). The building layouts were reviewed including living areas, shared walls, attic and garage spaces, and the play area to be shared with cars. Landscaping was also reviewed. Vegetation along the roadside will remain. Black locust tress will be planted.

 

Kay Kraushaar asked if in-laid brick will be used for the play area in the development. George Faris stated the pavement will be stamped (colored paving) rather than using pavers which become uneven over time and with changing weather.  Fred Schmidt asked who will maintain the area. Mr. Faris replied most likely the homeowners association. Paul Bohne, Shelburne Town Manager, stressed the town will not be responsible for maintenance of the private area.  Fred Schmidt asked if the traffic circulation will be one way. Matt Wamsganz explained the traffic flow will be in an east to west direction per the Fire Chief’s recommendation and due to the location of the guest parking spaces. There will be signs and painted arrows on the pavement to indicate traffic circulation.

 

The Planning Commission received a staff report on the application, dated 9/9/04.

 

Lee Suskin, neighbor, asked about having 14 units versus 12 units as originally proposed. Dean Pierce explained a Planned Residential Development (PRD) allows 14 units. Gregg Beldock added there is the same number of bedrooms as with 12 units. Mr. Beldock observed the changes as a result of the meeting with the Design Review Committee could have an impact on the affordable housing aspect of the project (the units will just barely fall in the “affordable housing” category).

 

Delayed until after Final Plan review (see below).

 

Gregg Beldock, George Faris, and Matt Wamsganz appeared on behalf of the application

 

 George Faris clarified not all of Lot #2 will be developed. Some of the land is wetlands and will be open space. Within the PRD documents, development rights and a perpetual easement will be given to conservation with regard to Lot #2. The easement should be shared or similar to the easement imposed by the town on Lot #1, suggested Mr. Faris, and the deed could specify the area can not be disturbed. Matt Wamsganz added the state conditional use determination (CUD) indicates the land on Lot #1 must be left to revert to wet forest. There will be a 100’ strip around the recreation fields that will be mowed, but the rest of the area will be conserved in its natural state.  There will need to be a maintenance agreement to allow access to the town sewer line which is on the property. Paul Bohne noted the town already has a maintenance agreement on the parcel. The town will try to establish conservation covenants on the property and then a third party can be brought in to hold the covenants.  There will be 25.5 acres conserved overall.  The VELCO easement is still not known at this time and will have to be dealt with when/if it occurs.

 

Regarding landscaping, there is enough room for four foot high cedar trees planted seven feet apart on the Beldock and town properties so there is no need for agreements with the neighbors, stated Mr. Faris. Also, there is some natural screening.  Parking on Blodgett Road is addressed by the proposed landscaping. A joint Letter of Credit with the town will be submitted for the landscaping. Mrs. Smith will have a tree hedge (10 white cedar trees of six foot height) or a fence installed by the applicant for screening (per Sheet L-1, dated August 20, 2004).  There will be 16 trees added to the parking area west of the Blodgett building. The 10’ wide strip between the building and parking lot contains a water line so no plantings are planned there. The area will be used for snow storage. There are some trees on the north side of the PRD that were added.  There are pine trees on the westerly side of the PRD as well as existing vegetation. Per the state CUD, the entire field will revert to wetland forest and provide screening eventually, stated the applicant.

 

Regarding lighting, Matt Wamsganz stated the lighting plan complies with the town’s bylaws. There will be three pole lights in the parking lot for security purposes. Illumination under the pole lights will be three foot-candles.

 

Mr. Wamsganz stated parking after dusk in the area south of the Blodgett building will be prohibited, and appropriate signage will be posted. Parking will also be prohibited along Blodgett Road per town ordinance and plantings.  Overflow parking is addressed by having the south end of the soccer field #1 available as well as the area marked “Future Expansion” on the site plan (see Sheet C-1).

 

Paul Bohne submitted the signal optimization plan submitted by Roger Dickinson showing timing (not level of service) and pedestrian phasing. There are pedestrian poles by the Mobile Station, the corner by Harrington’s, and by the green. The plan also includes patterns showing turning movements and the number of cars. There will be a three second advance for the pedestrian crossing.  With the optimization plan, the Route 7 intersection degrades to a level of service “D” in the morning peak hour, after school in the afternoon, and in the evening peak hour. Harbor Road will improve to a level of service “C”. VTrans supports the plan in concept, stated Mr. Bohne, though written comment from VTrans on the plan has not been received. Shelburne is proposing that VTrans do the signalization installation and cover the cost while Shelburne will widen Harbor Road to three formal lanes at the town’s expense. Shelburne and VTrans propose to coordinate on the project, however, if this does not happen, the project will go through the MPO process to be added to the Transportation Improvement Plan (TIP).  Mr. Bohne noted there is room to do a right turn signal from Falls Road.  The optimization plan without the pedestrian signals will decrease the queue of cars on Harbor Road from 900’ to 200’ (just short of the railroad tracks). With the pedestrian signals, the queue is back over the tracks. Shelburne will work with the railroad to coordinate the train signal with the traffic light.

 

Matt Wamsganz reviewed the number and location of crosswalks (four of them: Turtle Lane, School Street, by the housing units, and Blodgett Road), bulb outs and speed tables. The bulb outs are in conjunction with the speed tables on Harbor Road.

 

There was discussion of the schedule for the project, including work on the fields and road improvements.  The gravel pathway through the parcels will be built when the recreation fields are ready to go into use (approximate time frame is 12-18 months). The signalization plan will be implemented per the state’s schedule or, if necessary, per the MPO’s schedule (for the TIP). Striping will be done on Harbor Road by the town this fall to create two 11’ wide travel lanes with four foot wide bike lanes on each side.

 

Comments from the town’s consulting engineer (mostly technical items related to storm sewers) will be addressed by the applicant and the plans refreshed. Matt Wamsganz noted sheet flow is proposed for storm water drainage due to the location of the town sewer line by the dwelling units.

 

The Planning Commission received a written staff report on the application and a supplemental staff report, both dated 9/9/04.

 

Neighbors of the proposed development expressed concern the cedars to be planted will not provide adequate screening for at least 15 years. Also, leaves on existing vegetation are not present during the winter months so there is no natural screening during the winter and spring. The neighbors requested the cedar trees to be planted closer together, making a denser cedar hedge. Several examples of cedars planted two to three feet apart (or closer) creating a thriving cedar hedge were cited by the neighbors. It was noted the trees by the Smith property will be six foot high (10 trees to be planted). The applicant agreed the trees could be redistributed to the necessary areas. Following further discussion, the consensus of the Planning Commission is to have the applicant plant six foot high cedar trees at four foot intervals starting at the point shown on the site plan at the intersection of Harbor Road/Blodgett Road and extending easterly of the Engstrom (Liker) lot.

 

MOTION by Fred Schmidt, SECOND by Hilda White, to approve the design review application submitted by Bullrock, Inc./Pizzagalli Properties, LLC for a 14-unit Planned Residential Development (PRD) to be located on a 3.8 acre lot consistent with the plans specified above and subject to the following conditions:

1. Garage doors shall be plain, flush (no recessed panels), made of metal or fiberglass, and painted to match the body of the building of which they are a part;

2. Gable end attic windows shall be retained and panes shall be divided using applied muntins;

3. Shingles on the gable ends of buildings shall be cedar with a five to seven inch reveal;

4. a pent roof shall be added over entrances on Building 1 east elevation, Building 2 north elevation, Building 3 west elevation, and Building 4 south elevation; the pent roof shall be designed and constructed in accordance with the drawing prepared by the architect at the hearing;

5. Two external hose bibs shall be provided per ground floor unit and at least one outlet shall be provided per porch;

6. Columns shall be constructed of 8”x 8” paint grade or equivalent posts;

7. Porch floors shall be constructed of rot resistant 5/4”x 6” material and feature an appropriate gap;

8. The applicant shall use paintable, stainable trim material capable of holding colors that are substantially the same as those originally presented; the trim to which this condition applies includes corner boards, window trim, fascia, frieze, and water table, and further, any device mounted on or projecting through walls shall be mounted on blocks painted to match the trim with the blocks mounted directly to the sheathing rather than applied over the siding;

9. Siding colors shall substantially be the same as those presented in the 3D model, dated August 5, 2004, and in the August 12, 2004 presentation of sample chips.

VOTING: unanimous (6-0); motion carried.

 

MOTION by Tucker Holland, SECOND by Kay Kraushaar, to approve the final plan application submitted by the Town of Shelburne/Bullrock, Inc./Pizzagalli Properties for the proposed redevelopment of the former Blodgett property north of Harbor Road including approval of a three-lot subdivision , and on one of the resulting lots, establishment of a 14-unit Planned Residential Development (PRD), per plans submitted and including the Lamoureux Dickinson  Pedestrian Signal and Signal Retiming Plan, submitted 9/9/04 and the bulb out safety feature plan titled “VAOT Metro Typical TC-7M”, submitted 9/9/04, subject to the following conditions:

1.  Prior to filing a mylar, plans shall be revised to address comments received from the Town’s consulting engineer, Lance Phelps, in a letter to Dean Pierce, dated September 3, 2004;

2.  Prior to the issuance of a Certificate of Occupancy, the applicant shall submit finalized and executed legal documents including those that address conservation of open space on lots 1, 2, & 3 either by a third party or other legal mechanism revised to the satisfaction of the Town Attorney;

3.  Prior to filing a mylar, the proposed road name shall be approved by the Town;

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);

5.  Before commencing construction on the infrastructure of the project, the following steps shall be taken:

a) all pertinent conditions of approval shall be met;

b) a preconstruction meeting shall be held between the developer, his/her contractor and engineer, representatives of Town departments involved (water, sewer, highway, manager, planning), and the Town Engineer;

c) a Letter of Credit shall be established with the Town in an amount to cover 100% of the estimated construction cost of any public facilities the applicant intends to offer to the Town of Shelburne (the amount can be reduced as the work is completed);

d) the amount of the Letter of Credit shall be determined from the Project Cost Estimate form which the developer shall complete and submit to the Town for review and approval of the amount.

6.  The PRD component of the project shall be developed in accordance with the conditions attached to the Design Review approval for the project;

7.  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 (2) years shall be submitted;

8.  Lighting shall comply with the lighting section of the Shelburne zoning bylaws;

9.  Lighting shall be limited to the locations depicted on the plans, and no other building or site lighting for the new facility is approved without further review and approval by the Planning Commission;

10. Use of the parking area south of the Blodgett building shall be prohibited after dusk by use of appropriate signage;

11. Parking shall be prohibited along Blodgett road, and features, such as “No Parking” signs, boulders, bollards, curbs, or swales shall be installed to discourage illegal parking along Blodgett Road;

12. The Planning Commission finds that the number of parking spaces is reasonable for the uses proposed, however, the Planning Commission shall retain continuing jurisdiction over parking;

13. Prior to considering any application involving the proposed future expansion of the Blodgett building (depicted as “Future Expansion” on the preliminary plat), the applicant shall submit a detailed parking study to the Planning Commission which may require additional parking at that time;

14. Prior to the issuance of a Certificate of Occupancy for the Blodgett building or commencement of use of the easterly recreational field on Lot #1, whichever comes first, the applicant, in cooperation with appropriate public agencies, shall implement the following improvements relating to the US 7/Falls Road/Harbor Road intersection: a) striping of lanes per recommendations in the report of Susan Smichenko on file in this matter, b) retiming of vehicular signals, c) if implementation of these improvements is delayed, the applicant shall return to the Planning Commission to seek an amendment to this approval;

15. Installation of pedestrian signals for concurrent pedestrian phasing with leading pedestrian interval (LPI) shall be done within 18 months of the final approval, and if implementation of these improvements is delayed, the applicant shall return to the Planning Commission to seek an amendment to this approval;

16. Prior to the use of the easterly recreation field on Lot #1 for the recreation component of the project, the applicant, in cooperation with appropriate public agencies, shall implement the following improvements: a) speed tables and crosswalks as depicted on plans and crosswalk at the PRD drive across Harbor Road if warranted by applicable standards, b) proposed gravel paths as depicted on plans, c) if implementation of these improvements is delayed, the applicant shall return to the Planning Commission to seek an amendment to this approval;

17. This approval does not encompass elements of the plan identified as “Future Expansion”, and specific plans for the implementation of such elements must undergo review according to appropriate sections of the bylaws (e.g. Site Plan and Conditional Use review);

18. The Blodgett building and immediate expansions shall be sprinklered to all applicable standards;

19. Fire lanes (defined as the travel portion of Blodgett Road including the areas closest to the building) shall be marked and signed and kept clear of traffic at all times;

20. Periodic inspections of the progress of construction shall be conducted by Town staff in addition to those inspections requested by and required of the developer in connection with public facilities the applicant intends to offer to the Town of Shelburne, and any inspections requested by the developer shall be scheduled to allow the required two day notice to Town staff;

21. The final plat shall provide for unpaved parking as overflow parking on the southerly end of the Blodgett building.

22. The landscape plan shall be amended to depict landscaping with six foot high cedars planted four feet apart on the east side of Blodgett Road to the easterly side of the Engstrom (Liker) lot, all to be installed in the spring of 2005;

23. The Final Plat shall depict a curb cut for access to a single family residence on the Liker lot (former Engstrom lot);

24. Phasing of the residential component is not required.

25. The pump station document shall provide for maintenance and

repair, and contain a provision allowing the town access to perform the same at the responsible party’s expense if not done by the responsible party.

VOTING:  unanimous (6-0); motion carried.

 

4.  OTHER BUSINESS, CORRESPONDENCE

There was discussion of potential consultants to assist with the update of the town plan and the potential cost of each individual’s service. The Planning Commission wants the consultant to have a working knowledge of Vermont statute, Chapter 117.  Dean Pierce will investigate spending the remaining Act 200 funds on new town maps and pursuing a planning grant.  The Planning Commission will ask the Selectboard to help cover the cost of the consultant if necessary.

 

 5.  ADJOURNMENT

MOTION by Fred Schmidt, SECOND by Tucker Holland, to adjourn the meeting. VOTE: unanimous (6-0); motion carried.

The meeting adjourned at 10:32 p.m.

 

Minutes respectfully submitted by M.E.Riordan, Recording Secretary.

MEMBERS PRESENT: Rick Peterson, Chairman; Hilda White, Kay Kraushaar, Tucker Holland, Claude LaPierre, Reg Gignoux. (Fred Schmidt was absent.)

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Marge Sharp, Michael Liker, Martin Gold, Chris Nickerson, Barbara Volz, Charles Peet, Dan Coolbeth, Roger Guillemette, Mike Anderson, Becky Wang, M. Zimmermann, James Bissonette, Kyle Guillemette, Bernie Guillemette, Cecile Guillemette, Joanne Guillemette, Gerry Guillemette, Mary Muinier, Ed Coleman, Chuck Dunham.

AGENDA: 1. Call to Order and Approval of Minutes (9/9/04) 2. Design Review Application, Michael Liker, 7 Harbor Road–PreE911 (DR04-17) 3. Site Plan Amendment, Bluewater Realty, LLC/Chris Nickerson & Barbara Volz, d/b/a Firefly Infant Development Center, 145 Pine Haven Shores Road (SP00-7R1) 4. Site Plan Amendment, Bluewater Realty, LLC, Golden Rule, 145 Pine Haven Shores Road (SP00-7R2) 5. Site Plan Amendment, Bluewater Realty, LLC, 145 Pine Haven Shores Road (SP00-7R3) 6. Sketch Plan Review, Ernest Auclair Family Trust/API Properties, Inc., 61 Pond Road (SUB04-08) 7. PRD Final Plan Amendment, Charles and Jean-Carol Dunham, 13 Thomas Road–PreE911 (SUB04-01R1) 8. Re-Approval of Final Plan Amendment, Drumheller Sons Partnership, 3735 Harbor Road (SUB04-05) 9. Other Business, Correspondence 10. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES Chairman Peterson called the meeting to order at 7:30 p.m. APPROVE MINUTES OF SEPTEMBER 9, 2004 MOTION by Hilda White, SECOND by Tucker Holland, to approve the 9/9/04 minutes as written. VOTING: unanimous (6-0); motion carried.

2. DESIGN REVIEW APPLICATION, MICHAEL LIKER, 7 HARBOR ROAD-Pre E911 (DR04-17) Michael Liker appeared on behalf of the application. APPLICANT COMMENTS Michael Liker explained his plan to secure the permits and approvals for the building portion of the project followed by easements. Access to the lot will be from Blodgett Road. By October 1st, the easement will be secured. Design review approval has been received and the architect finds all the conditions of the approval acceptable, stated Mr. Liker. The portion of the existing dilapidated barn on the Liker lot will be demolished. The barn has been used by contractors over the past 10 years as a dumping place for construction materials. Mr. Liker said much effort has been expended to work out an arrangement with the adjacent property owner regarding the barn without success. Reg Gignoux expressed concern about the safety of leaving only a portion of the structure standing. Dean Pierce commented at the time of the demolition of the building, a different resolution may occur. STAFF REPORT The Planning Commission received a staff report on the application, dated 9/23/04. Dean Pierce confirmed revised drawings have been received from the applicant. Mr. Pierce asked about the location of the access. The applicant showed the orientation of the access. Mr. Pierce noted there was almost no discussion of landscaping or access by the Design Review Committee. The Planning Commission may want to discuss these matters with the applicant. The Zoning Coordinator needs to be satisfied that the access exists. PUBLIC COMMENTS None. DELIBERATION/DECISION Design Review, Demolish Portion of Existing Barn and Construct Single Family Residence, 7 Harbor Road, Liker (DR04-17) MOTION by Reg Gignoux, SECOND by Claude LaPierre, to approve the design review application submitted by Michael Liker for the demolition of a portion of an existing barn and construction of a new single family resident consistent with the drawings received 9/23/04 and subject to the following conditions: 1. The rake return shall be as presented in the drawing entitled “Typical Rake Return”. 2. The applicant shall notify the Shelburne Zoning Coordinator at least 24 hours prior to the pouring of the building foundation, and if the Zoning Coordinator requests, the applicant shall certify that concrete forms have been assembled consistent with approved plans; 3. The driveway serving the lot shall be located as recommend by the Planning Commission on the easterly side of the lot. 4. Approval is granted for the demolition of the portion of an existing barn located on the lot. 5. 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: unanimous (6-0); motion carried. 3. SITE PLAN AMENDMENT, BLUEWATER REALTY, LLC/CHRIS NICKERSON & BARBARA VOLZ, d/b/a FIREFLY INFANT DEVELOPMENT CENTER, 145 PINE HAVEN SHORES ROAD (SP00-7R1) Martin Gold, Chris Nickerson, and Barb Volz appeared on behalf of the application. APPLICANT COMMENTS Martin Gold reviewed the former location of the playground for Golden Rule and the new playground area on the northerly side of the building and by the gravel parking area. The new playground area will be used by Golden Rule and Firefly Infant Development Center. The loss of 35 parking spaces from a total of 160 spaces is due to the creation of the playground area and the right-of-way given to Shelburne Bay Senior Living Center. Also, the satellite dishes are occupying some of the parking area. Mr. Gold provided the Planning Commission with a list of current tenants in the building and their square footage, sewer service, and parking requirements. There was further discussion of parking needs for the proposed childcare center. Mr. Gold stated there will be a maximum of 16 staff members and 48 children. Per the parking formula for a daycare center, the required number of parking spaces is 21. Dean Pierce interjected his understanding was the allocation of 10 parking spaces for the former tenant, UVM, would be adequate for Firefly. As long as there is enough parking to meet the requirements of all the tenants on the site, including the 21 parking spaces for Firefly, then there is not a problem, stated Mr. Pierce. Mr. Gold said it is unlikely all employees of all the uses in the building will be on-site simultaneously. In fact, many of the tenants in the buildings meet with their clients off site. Further, parking for Golden Rule is not being impacted by moving the playground from the front of the building to the back and making half of the space in front of the building into parking and a quarter of the space into green space. STAFF REPORT The Planning Commission received a written staff report on the application, dated 9/23/04. Dean Pierce clarified the change of use and the number of parking spaces available was the focus. Staff has not double checked the applicant’s calculations for parking. The Shelburne Fire Chief expressed concern about access for fire trucks due to shifting the first row of parking (e.g. narrowing the aisle in front of the building). The applicant explained a shed roof over the front of the building is planned (once a building permit is secured) and this will increase the lot coverage beyond the allowed percentage (40%) so additional green space was added by converting 1,055’ to green space and reducing the parking lot by four feet to create 767’ of green space. Dean Pierce clarified the Fire Chief had concern about the narrowing of the aisle in front of the building and the addition of the awning impacting the sprinklers. The Fire Chief would like more information. Mr. Gold noted Labor & Industry will be visiting the site to assure all regulations are met. There was discussion of the amount of parking on the site. Martin Gold testified there are usually between 20 and 50 parking spaces available on any given day. UVM used most of the parking when they occupied the building, but even then, there were always open spaces. Firefly will use less parking than UVM. There was discussion of access to the playground from the building. The applicant explained the entrance to Firefly is in front of the building, but the hallway inside the building ends at the door by the playground on the west side of the building. The children will go across the southwesterly corner of the parking to get to the playground, and that area is not frequently used for parking. Tenants and visitors to the building typically use the parking in front of the building. The parking area is paved. The nearby dumpster is emptied two times a week around 6:30 a.m. before traffic picks up. Dean Pierce mentioned screening the dumpster. Martin Gold agreed to add screening (plantings) on the west side as a visual barrier for the dumpster and the play area. Reg Gignoux asked about lighting, noting the lights need to meet current town standards. Mr. Gold stated there are existing lights on the sides of the building (four on the front near to top of the building and two or three on the west side of the building). The lights were installed in 1980. PUBLIC COMMENTS None. DELIBERATION/DECISION Site Plan Amendment, Daycare Center and Playground, 145 Pine Haven Shores Road, Bluewater Realty, LLC/Firefly Infant Development Center (SP00-7R1) MOTION by Kay Kraushaar, SECOND by Hilda White, to approve the revised site plan submitted by Bluewater Realty, LLC/Chris Nickerson & Barbara Volz, d/b/a Firefly Infant Development Center, in connection with a proposal to convert interior space currently used as classroom training to a licensed daycare center and the addition of a fenced-in playground area as depicted on plans submitted and subject to the following conditions: 1. Prior to the issuance of a Certificate of Occupancy, a fence surrounding the playground area shall be installed and four parking spaces adjacent to the building shall be designated for parent drop off/pick up of children. 2. Landscaping of the type consistent with the existing screening in place on the easterly side of the playground shall be added to the westerly areas of the trash and recycling (dumpster) area to appropriately screen the playground area. 3. All other conditions of approval for the property unrelated to the above shall remain in effect. 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: unanimous (6-0); motion carried. 4. SITE PLAN AMENDMENT, BLUEWATER REALTY,LLC/GOLDEN RULE, 145 PINE HAVEN SHORES ROAD (SP00-7R2) Martin Gold appeared on behalf of the application. APPLICANT COMMENTS Mr. Gold explained the plan to move the playground for Golden Rule from the front of the building to the back of the building to be adjacent to the Firefly play area. STAFF REPORT The Planning Commission received a written staff report on the application, dated 9/23/04. PUBLIC COMMENTS None. DELIBERATION/DECISION Site Plan Amendment, Relocation of Play Area, 145 Pine Haven Shores Road, Bluewater Realty, LLC/Golden Rule (SP00-7R2) MOTION by Tucker Holland, SECOND by Reg Gignoux, to approve the revised site plan submitted by Bluewater Realty, LLC/Golden Rule in connection with the proposal to relocate a fenced playground area used by Golden Rule Daycare Center to the area south of the playground area proposed in connection with the application of Chris Nickerson & Barbara Volz as depicted on the plans submitted and subject to the following conditions: 1. Prior to the issuance of a Certificate of Occupancy, a fence surrounding the playground area shall be installed and four spaces adjacent to the building shall be designated for parent drop off/pick up of children. 2. All other conditions of approval for the property unrelated to the above shall remain in effect. 3. Landscaping of the type consistent with the existing screening in place on the easterly side of the playground shall be added to the westerly area of the trash and recycling (dumpster) area to appropriately screen the playground area. 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: unanimous (6-0); motion carried. 5. SITE PLAN AMENDMENT, BLUEWATER REALTY, LLC, 145 PINE HAVEN SHORES ROAD (SP00-7R3) Martin Gold appeared on behalf of the application. APPLICANT COMMENTS Mr. Gold pointed out the square footage to be covered by the addition of an eight foot wide awning on the building at 145 Pine Haven Shores Road. There will be stone work and shakes added to the building. There will be grass, mulch, and a 3.5’ wide sidewalk under the awning. The parking lot is being reduced by four feet by the addition of green space, and the playground is being relocated to the back of the building to maintain the 40% maximum lot coverage allowance. A rendering showing the building and awning was submitted by Mr. Gold. STAFF REPORT The Planning Commission received a written staff report on the application, dated 9/23/04. Dean Pierce suggested the Fire Chief review the decrease in the parking lot to assure there is adequate fire truck access. PUBLIC COMMENTS A woman in the audience expressed concern about the health of the plants under the awning. Chairman Peterson pointed out the condition of approval requiring replacement of dead plants due to the façade. DELIBERATION/DECISION Site Plan Amendment, Awning, 145 Pine Haven Shores Road, Bluewater Realty, LLC MOTION by Hilda White, SECOND by Kay Kraushaar, to approve the revised site plan submitted by Bluewater Realty, LLC, in connection with the proposal to add an approximately 8’x 180’ building façade to the north side of the Bluewater Center as depicted on 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 portraying a parking layout endorsed by a civil engineer, architect, or landscape architect, depicting the location of any landscaping required by the Planning Commission and addressing any concerns of the town’s fire and emergency services. 2. Any landscaping lost as a result of construction of the façade shall be replaced at the first appropriate planting opportunity. 3. Prior to the issuance of a building permit, a Letter of Credit or the equivalent for 100% of the cost of any required landscaping with a term of two years shall be submitted. 4. Existing and new lighting on the site shall comply with the lighting standards contained in the zoning bylaws within one year of this approval. 5. All other conditions of approval for the property unrelated to the above shall remain in effect. 6. 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: unanimous (6-0); motion carried. 6. SKETCH PLAN REVIEW, ERNEST AUCLAIR FAMILY TRUST/API PROPERTIES, INC., 61 POND ROAD (SUB04-08) Mike Burke with Krebs & Lansing Engineering appeared on behalf of the application. Claude LaPierre recused himself. Rick Peterson acknowledged his awareness of conversation between the applicant and the Vermont Land Trust, but no further action at this time. APPLICANT COMMENTS Mike Burke reviewed the plan for a six lot subdivision on a large, irregular parcel west of Pond Road and Route 116 (Hinesburg Road) containing forested land, open land, meadow and wetlands. There are also rock and ledge formations. Five of the six subdivided lots will be developed. The remaining lot (184 acres) will remain open land. The area of interest is the Farmington soil ledge association located off Pond Road, mid-point in the parcel. The lots in the subdivision slated for development will range from five acres to eight acres in size. Tentative building envelopes have been identified, but these may change as the site is further investigated. Access to the development will be from Pond Road. The access road will be gravel and built to town standards. The road can be paved if required by the Planning Commission. Sight distance at the intersection is adequate. The access road will follow the tree line into the trees to a cul-de-sac with individual driveways into each building envelope. The visual effect of the development will be minimized. There is a drainage swale around the outside perimeter of the lots as proposed, and there will be buffers to protect the wetlands. It is not anticipated the wetlands will be disturbed with the proposal. There will be on-site waste water disposal systems and drilled wells. On the larger parcel, the State of Vermont lists natural areas and areas of interest (wildlife, rare plants). It is believed these occurrences are not where the development is proposed. Plant and wildlife consultants will evaluate the property, stated Mr. Burke. Rick Peterson asked if a PRD is proposed. Mr. Burke stated the subdivision will have conventional development, and the lots will be five acres or larger in size. There will be areas of deeded, restricted use on the lots. The area around the perimeter will be designated as “no build”. Chairman Peterson asked if there is a commitment for the 184 acres to be permanent open space. Mr. Burke stated at this time the property owner is not making this commitment, though there is no development proposed for the lot. There is a forest management plan for the parcel and interest in keeping the land in agricultural use. Rick Peterson asked about public access to the property. Mr. Burke replied this has not been discussed, but public access is not proposed at this time. STAFF REPORT The Planning Commission received a written staff report on the application, dated 9/23/04. Dean Pierce noted there may be more to discuss regarding education impacts that what is mentioned in the staff report. Mr. Pierce asked the applicant about stormwater review by the state. Mike Burke felt a stormwater discharge permit from the state likely would not be required. Town requirements for the 25 year storm will be met which are more stringent that the state standards. Rick Peterson asked about some of the property being in the town of St. George. Dean Pierce stated the owner of the property has been working the land. Shelburne has no jurisdiction on land outside the town limits. The proposed development will occur on the Shelburne side of the property line. The town of St. George does not have jurisdiction over the development on the Shelburne side of the line. Mike Burke interjected it is always difficult to determine precisely where a town line is located. PUBLIC COMMENTS Bernie Guillemette, owner of the existing farm at the corner of Pond Road, expressed concern about a new residential development being located by a working dairy farm complete with 350 cows and a million gallon manure pit. Rick Peterson assured the Planning Commission is interested in compatible development. Joanne Guillemette, Guillemette Farm, Pond Road, stated concern about the lack of commitment to keep the large parcel as open land. Ms. Guillemette stated her family has first hand knowledge about what developers want (to do with land), noting the recent sale by her family of property at Taft Corners in Williston to a developer (Milot). Becky Wang, Shelburne resident, asked what work has been done on the property as a whole (i.e. test pits and such). Mike Burke stated a year was spent studying the property before determining the appropriate area for development. There is much slow draining soil and ledge on the site. Rick Peterson asked if there are other areas that would support housing. Mr. Burke replied the soils are not good and will not support residential development in a conventional way. Ms. Wang asked about access to the southern section of the property. Mr. Burke stated there is not an accurate survey of the property (this is being done), and at this time, there does not appear to be access to the southerly section of the property. There are some landlocked pieces, and the property is bound to the east by the Rocky Ridge golf course. Ms. Wang asked what would stop the property owner from putting the large parcel of land into conservation. Mike Burke reiterated this is not what the property owner wants to do at this time. James Bissonette, VAST, asked if the VAST trail will remain on the parcel. Mike Burke said it is voluntary on the part of the landowner to provide a trail easement, but in the past it has always worked out with VAST. The VAST trail coordinator for Chittenden County noted the trail on Mr. Auclair’s property is the only north-south connection in and out of Chittenden County for the 5,000 mile trail network in the state. The trail is a critical link. VAST wants to work with the landowner to maintain access to the trail. Roger Guillemette, Guillemette Farm, expressed interest in the land remaining open. Mr. Guillemette spoke of all the development that is occurring, and his enjoyment of working on the farm. DELIBERATION/DECISION Sketch Plan, Six Lot Subdivision, 61 Pond Road, Auclair (SUB04-08) There was discussion of doing a site visit. The applicant agreed to generally mark building envelopes and driveways in the front of the parcel. MOTION by Reg Gignoux, SECOND by Tucker Holland, to conduct a site visit on Thursday, October 7, 2004, at 4 p.m. (meet in front of the Guillemette barn on Pond Road). VOTING: unanimous (5-0); motion carried. MOTION by Kay Kraushaar, SECOND by Hilda White, to continue the hearing on the Auclair sketch plan for a six lot subdivision on Pond Road until October 14, 2004. VOTING: unanimous (5-0); motion carried. Claude LaPierre returned to the Planning Commission. 7. PRD FINAL PLAN AMENDMENT, CHARLES AND JEAN-CAROL DUNHAM, 13 THOMAS ROAD-PreE911 (SUB04-01R1) Charles Dunham appeared on behalf of the application. APPLICANT COMMENTS Chuck Dunham explained the proposal to remove reference to the viewshed easement demarcation line from the site plan per the request of the neighbor who purchased Lot 3. The lot will remain an unbuildable lot, and the new owner will have to address the Planning Commission to change this in the future. There will be language in the deed saying the lot is unbuildable. (Reg Gignoux clarified the lot is not approved as a buildable lot at this point in time, but it is not an undevelopable lot.) Mr. Dunham also reported that while clearing Lot A to build his daughter’s house, it was discovered the building envelop will have to be moved 15’ to the west toward the river due to the topography (the upper most plateau extends 15’). All the setbacks are met. STAFF REPORT The Planning Commission received a written staff report on the application, dated 9/23/04. PUBLIC COMMENTS None. DELIBERATION/DECISION PRD Final Plan Amendment, Remove Viewshed Easement Reference, 13 Thomas Road, Dunham MOTION by Tucker Holland, SECOND by Reg Gignoux, to grant approval to Charles and Jean-Carol Dunham for an amendment to the PRD previously approved for a 10.1 acre parcel between the LaPlatte River and Thomas Road consistent with the plans submitted and subject to the same conditions identified when the project was originally approved on June 24, 2004 and with the condition that the existing building envelope on Lot A shall be moved 15’ westerly, parallel to the northerly lot line. VOTING: unanimous (6-0); motion carried. 8. RE-APPROVAL OF FINAL PLAN AMENDMENT, DRUMHELLER SONS PARTNERSHIP, 3735 HARBOR ROAD (SUB04-05) No one appeared on behalf of the application. Reg Gignoux recused himself. Dean Pierce explained the plat was not filed within the required 90-day timeframe. There are no changes to the site plan. The Planning Commission received a written staff report on the application, dated 9/23/04. MOTION by Kay Kraushaar, SECOND by Hilda White, to grant re-approval of the final plan request by Drumheller Sons Partnership, owners of a 6.54 acre lot on Harbor Road, for the amendment of a previously approved subdivision consistent with the plans submitted and subject to the same conditions identified when the project was originally approved on May 27, 2004. VOTING: unanimous (5-0); motion carried. Reg Gignoux returned to the Planning Commission. 9. OTHER BUSINESS, CORRESPONDENCE Consultant to Assist with Town Plan Update Dean Pierce reported Mike Munson recommends dividing each work session meeting into three parts: new discussion, past discussion, and finishing touches on what has been discussed. Mr. Munson will bill on a per meeting basis with an estimate of 16 hours (preparation and attendance) of consultant time per meeting. A minimum of nine meetings will be necessary. Mr. Munson suggested meeting twice a month. Following discussion, the consensus of the Planning Commission is to begin with one meeting per month. Mr. Pierce stated the Selectboard endorsed hiring a consultant and filing a planning grant which could be used for the plan update or zoning regulations. Focus areas include the structure of the district and changes in density. The Planning Commission will review the materials related to the education component portion of the plan (to be incorporated into Volume I) for discussion at the next work session. Processing Applications and Zoning Amendments Dean Pierce stated there is a 21 day appeal period before zoning amendments are in effect, and this could impact applications approved prior to the completion of the appeal period. 10. ADJOURNMENT MOTION by Reg Gignoux, SECOND by Kay Kraushaar, to adjourn the meeting. VOTE: unanimous (6-0); motion carried. The meeting adjourned at 10:02 p.m. Minutes respectfully submitted by M.E.Riordan, Recording Secretary.