Planning Commission Minutes

TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
DECEMBER 9, 2004

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

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Marge Sharp, Patrick Leclaire, Jim Collins, Kevin Worden, Ken Albert, Gail Albert, Cecile Guillemette, Mike Burke, Roger Guillemette, Jim Spadaccini, Gerry Guillemette, Kyle Guillemette, Linda Gribnare, Marguerite Guillemette Meunier, Dick Meunier, Dan Coolbeth, Charlie Peet.

AGENDA:

1. Call to Order and Approval of Minutes (11/11/04)

2. Preliminary Plan Review, Roger & Mignonne Bourgea, 59 Webster Road (SUB90-7R1)

3. Sketch Plan Review, Meach Cove Real Estate Trust/Kenneth Albert, west side Route 7 and south side Bostwick Road (SUB04-09)

4. Sketch Plan Review, Ernest Auclair Family Trust/Michael Anderson, 61 Pond Road (SUB04-10)

5. Boundary Line Adjustment, John and Carol Burdett/Gordon and Caroll Edmunds, 168 & 186 Olde Orchard Lane (BLA04-02)

6. Other Business, Correspondence

7. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES Chairman Peterson called the meeting to order at 7:33 p.m. APPROVE MINUTES OF NOVEMBER 11, 2004 MOTION by Reg Gignoux, SECOND by Tucker Holland, to approve the 11/11/04 minutes as written. VOTING: unanimous (6-0) [Fred Schmidt not present for vote]; motion carried.

2. PRELIMINARY PLAN REVIEW, ROGER & MIGNONNE BOURGEA, 59 WEBSTER ROAD (SUB90-7R1) Jim Collins and Kevin Worden appeared on behalf of the application. APPLICANT COMMENTS Kevin Worden reviewed the features of the site and explained the plan to add .3 acres to the existing 5.3 acre lot then subdivide the lot into four separate lots. It was noted the 50’ setback requirement means the proposed house on lot #4 must be slightly moved to the east. A one inch water line for lot #4 will be installed per the Town Engineer’s recommendation. House numbers will be posted at the driveway for each house, the access will be kept open year round, and there will be room to turn around a fire truck as recommended by the Fire Chief. There will be a pump station and holding tank then connection to the municipal sewer system. There was discussion of the driveway having less of an impact on several of the lots which would require fewer easements (presently the driveway weaves through the parcel and touches the edges of several lots). Mr. Worden stated the layout is based on the existing driveway and right-of-way. Jim Collins agreed the driveway could be moved to not impact lot #2. There was discussion of the impact on the driveways by the Route 7 improvements at the intersection of Webster Road. The Planning Commission urged coordinating the layout of the driveway entrances with the Route 7 project. The applicant pointed out impacts by the Route 7 project will occur regardless of the proposed project on Webster Road. There was further discussion of the driveways to the lots. The applicant noted in the long term, the mobile home on lot #2 will be replaced with a stick home with access from the existing driveway. The lots will be conforming. Reg Gignoux observed it may not be possible to leave the driveway to lot #1 and head south due to the Route 7 changes. The applicant will take the matter of the Route 7 project impacts under consideration. Rick Peterson mentioned the need to outline who will be responsible for the maintenance of the right-of-way/driveway. The applicant stated presently the property owner maintains the access, but in the long term, there will likely be a homeowners association to handle this responsibility. The necessary legal documents will be drafted and filed. There was discussion of providing a sidewalk easement from the driveway to the southwest corner of the lot to continue the sidewalk from Route 7 onto Webster Road.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/9/04. Dean Pierce stated written confirmation is needed from the Fire Chief that the turnaround on the property is acceptable. The Planning Commission was made aware of the reduction in the right-of-way from 35’ to 30’. There was mention of the impact on the threshold for minimum lot size.

PUBLIC COMMENTS None.

DELIBERATION/DECISION Preliminary Plan, Consolidation/Subdivision, 59 Webster Road, Bourgea (SUB90-7R1) MOTION by Kay Kraushaar, SECOND by Reg Gignoux, to approve the preliminary plan proposal submitted by Roger and Mignonne Bourgea subject to the following conditions: 1. Plans shall be revised to address the comments of the Shelburne Fire Chief, memo dated 11/29/04. 2. Plan shall be revised to address the comments of Rick Lewis of the Shelburne Water Department, memo dated 11/22/04. 3. Plans shall be revised to address the comments of the Town’s consulting engineer, letter dated December 6, 2004. 4. Plans shall be modified to depict a building envelope on lot #4 conforming to the setback requirements of the Shelburne zoning bylaws. 5. A copy of any proposed covenants and/or deed restrictions shall be provided with the final plan application, including documents reflecting common ownership or use of amenities (sewer lines, driveways). 6. Final plan shall reflect a sidewalk easement from the southerly terminus of the Agency of Transportation sidewalk to the southerly boundary of lot #3. 7. The applicant shall consider relocating the access to lot #1 in light of the Route 7 relocation design. 8. The site plan shall reflect a right-of-way of 30’ (reduced from 35’). VOTING: unanimous (7-0); motion carried.

3. SKETCH PLAN REVIEW, MEACH COVE REAL ESTATE TRUST/KENNETH ALBERT, WEST SIDE ROUTE 7/SOUTH SIDE BOSTWICK ROAD (SUB04-09) Ken Albert appeared on behalf of the application.

APPLICANT COMMENTS Mr. Albert explained the proposed expansion of Shelburne Vineyards onto 14 acres of the proposed two-lot subdivision. McCabes Brook is located on the western boundary of the parcel, Route 7 is to the east and Bostwick Road is to the north. Mr. Albert gave a brief history of the vineyard operation and winery activity. The operation is small, but growing. The proposal is to have a room for wine tasting and retail sales. Five acres of grapes will be planted on seven acres of land. The vineyard will be a traditional planting of rows of grapes to yield a larger quantity per acre. Photographs of rows of grapevine plantings were shown. A 40’x 90’ pre-engineered building is proposed for the winery, and a 30’x 40’ post and beam building for the wine tasting/retail space. The smaller building will be visible from the road. Mr. Albert noted Act 250 considers the enterprise agricultural so Act 250 review is not necessary, however, the Vermont Department of Agriculture said the use, with the percentage of grapes coming from off-site, does not meet the state’s definition of farming and will not receive a 44/95 exception. Mr. Albert stated he will not grow (on-site) 51% of the grapes that will be used at the facility. There will be up to 500 vehicle trips per day to the site depending on the day and season. Delivery of bottles to the site will be done by trucks. The infrastructure will be built to receive deliveries. Pedestrian paths around the grapes and the level portion of the wooded area to the west are also part of the plan, stated Mr. Albert. The paths could connect to the town wide path system at some point in the future. Reg Gignoux asked if other items than wine will be sold. Mr. Albert said less than 15% of the retail sales will be items other than wine (hats, Vermont cheese, and such). Mr. Gignoux asked about the percentage of income being produced from the acreage. Ken Albert stated 51% of income will not be produced from the parcel, but this is no different than many farms in Vermont (i.e. planting crops on land off of the farm). Mr. Albert said he is classified as a farmer. The operation will help maintain the southern gateway to the town in a pastoral way. The processing building will have the silhouette of a Vermont barn, not a warehouse. The Route 7 Vermont Greenbelt Alliance is in support of the project. There was discussion of moving the boundary line on lot #1 or requesting the town to move the boundary of the Rural 2 District approximately 50’ to the west.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/9/04. Dean Pierce clarified that local zoning review of the application is needed. Agricultural use is allowed in the district. If the Planning Commission agrees the use is agricultural, then their purview is only the subdivision application, but if the Planning Commission feels the use is not agricultural, then site plan review is needed. Mr. Pierce stated the Natural Resources Committee reviewed the proposal, but with only three members at the meeting, no recommendations were made. The Committee did mention protecting the gateway to the village as well as exploring conservation of the lot not proposed to be developed. There was discussion of whether the use is straight forward agriculture, the scope of review (subdivision or site plan), percent of income from the agricultural activity versus from the parcel, the state’s definition of “agriculture”, and that the typical farmer in Vermont uses off-site parcels to sustain their operation. Following further discussion, the Planning Commission felt a site visit would be beneficial.

PUBLIC COMMENTS Chris Davis, Meach Cove Trust property manager, said Meach Cove is in total support of the project which is a good fit with the town plan to protect the entrance to the village. There is a long term lease with Mr. Albert. The parcel is well suited for the grape/wine operation. Meach Cove will maintain tight constraints on fostering and ensuring what is happening on the site is what is being proposed. Ken Albert added the arrangement with Meach Cove only allows farming while town zoning would allow three houses, farming, or elderly housing on the site.

DELIBERATION/DECISION Sketch Plan, Subdivision, Route 7/Bostwick Road, Meach Cove/Ken Albert (SUB04-09) MOTION by Reg Gignoux, SECOND by Fred Schmidt, to schedule a site visit on January 8, 2005 at 8:30 a.m. VOTING: unanimous (7-0); motion carried. MOTION by Fred Schmidt, SECOND by Kay Kraushaar, to continue the hearing on the Meach Cove/Ken Albert application for a vineyard off Route 7 (SUB04-09) until January 13, 2005. VOTING: unanimous (7-0); motion carried.

4. SKETCH PLAN REVIEW, ERNEST AUCLAIR FAMILY TRUST/MICHAEL ANDERSON, 61 POND ROAD (SUB04-10) Rick Peterson and Claude LaPierre recused themselves. Reg Gignoux assumed the duties of Chairman. Mike Burke appeared on behalf of the application. APPLICANT COMMENTS Mike Burke reviewed the revised sketch plan showing the access road from Route 116 for lots #1, #2, #3, and Pond Road for lots #4, #5, #6. Lot #7 which fronts Pond Road will be dedicated to conservation. Twenty-two acres on Lot #3 are subject to conservation and agricultural easements held by a third party. Lot #7 could be outright owned by a conservation organization. There are 9.7 acres in forest management, and around lots #5 and #6 there is a 150’ buffer (no cut zone subject to deed restriction). There is also a 7.3 acre forest management area on lot #4. Mr. Burke pointed out potential road access from Route 116 has been sketched in for lots #4, #5, #6 which would eliminate the Pond Road access. There are wetlands though, and the plan has tried to avoid disturbing wetlands. The state will decide if the road will be allowed. The Pond Road access avoids the wetlands. A fire pond has been added, and a wetlands permit will be needed for this. There is concern about wetland disturbance, though this would be minor (without the fire pond and roads where they are proposed, there would be less than 2,000 s.f. of wetlands disturbance for the project). There are six buildable envelopes. Some of the property is in the Town of St. George (roughly a 7.8 acre triangular shaped lot adjacent to Route 116). Mr. Burke mentioned the difficulty in determining town lines, but noted a town line has been established based on survey information from some original Shelburne lot boundary lines. The access will be a 60’ right-of-way, private road designed to A76 standard. The road will be 20’ wide gravel with two foot shoulders. The travel lanes will be 18’. A waiver for paving will be requested because the access road is only serving a few lots and Pond Road is not paved. Paving would be out of character for the area, observed Mr. Burke. Design of the road and turnarounds can be done to satisfy the concerns of the Fire Chief. Lot #1 is a complying lot. Frontage on a private road is considered as frontage per the Shelburne regulations. The project is a traditional subdivision/conventional development, not a PRD, noted Mr. Burke. The VAST trail can be re-routed through the property, but the property owner does have concern about arbitrarily allowing the trail without some controls. A stormwater discharge permit will be needed because there will likely be more than one acre of impervious surface. Shelburne’s stormwater regulations must be met for a 25 year, 24 hour storm event where post-development flows do not exceed pre-development flows.

STAFF REPORT The Planning Commission received a written staff report on the application, dated 12/9/04. Dean Pierce stated the project has been changed significantly from the earlier review so another site visit is recommended. The issue of legal access to the landlocked property must be addressed. Mike Burke briefly reviewed research of the lots. In the 1840s, there were up to 25 long and narrow lots owned by members of the Isham family (a list four pages long of previous owners was found). The lots were likely wood lots. There must have been a common agreement to allow access, but there is no written information showing the right-of-way. In situation like this, continued Mr. Burke, there is a “prescribed right”, not a written right, because the use has been taking place over many years. Mr. Burke conceded there may be some legal issues to clear up and formalize the right-of-way, but it may not be possible to ever figure out the right-of-way precisely. There was brief review of the survey of some of the previously existing lots. Dean Pierce pointed out the Town of Shelburne has no say on land in another town. Mike Burke stated St. George is aware of the proposed development and the access across the land in their town. Dean Pierce reported the Natural Resources Committee liked the revisions to the plan, and suggested another site visit be done. The Committee supported the project being a PRD because it is land extensive and houses could be clustered in the southern node, leaving more area in agricultural use or conservation. The Committee also supported having single road access from Route 116. Tucker Holland asked why the applicant will not consider the project a PRD. Mike Burke pointed out area around the lots will still be needed with a PRD, and a PRD makes the development more complicated. Fred Schmidt acknowledged the revisions to the plan and the applicant’s effort to address concerns noted at the last review. Mr. Schmidt asked about clustering the houses. Mike Burke stated there are areas in the south corner that are very wet. The building envelopes were very carefully and deliberately chosen to avoid the wetlands and screen the houses from view from the road and farm. The cost is intensive and the lots need to be of caliber to bear the expense. There was mention of the land beyond the conservation boundary that is owned by the applicant.

PUBLIC COMMENTS Pat Leclair, VAST, noted the trail crosses Pond Road in front of the Guillemette barn into the field adjacent to Route 116. The Auclair family was thanked for the use of their property. There are ledges and trees in the woods which will make maintaining the trail difficult. VAST maintains trails that are open. Presently an old logging road on the property is used.

DELIBERATION/DECISION Sketch Plan, Subdivision, 61 Pond Road, Auclair/Anderson (SUB04-10) MOTION by Fred Schmidt, SECOND by Tucker Holland, to schedule a site visit on January 8, 2005, 9:45 a.m. (meet on Route 116). VOTING: unanimous (5-0); motion carried. MOTION by Fred Schmidt, SECOND by Tucker Holland, to continue the hearing until January 13, 2005. VOTING: unanimous (5-0); motion carried. Rick Peterson and Claude LaPierre returned to the Planning Commission. Mr. Peterson resumed the duties of Chairman.

5. BOUNDARY LINE ADJUSTMENT, JOHN and CAROL BURDETT/GORDON and CAROLL EDMUNDS, 168 & 186 OLDE ORCHARD LANE (BLA04-02) Jim Spadaccini appeared on behalf of the application.

APPLICANT COMMENTS Mr. Spadaccini explained the request for a boundary line adjustment of 747’ to meet setback requirements so a handicap lift can be installed in the Burdett’s garage for Mr. Burdett. An extension on the front of the garage is needed. A variance of three feet was denied by the Zoning Board so a boundary line adjustment was suggested. A survey of the property revealed the Edmunds house is not in compliance. The boundary line adjustment will correct both properties (both in compliance). Mr. Spadaccini positively commented on the assistance he received from Dean Pierce and the planning office staff.

STAFF REPORT The Planning Commission received a staff report on the application, dated 12/9/04. There were no further comments to the staff report.

PUBLIC COMMENTS None.

DELIBERATION/DECISION Boundary Line Adjustment, 747’, 168 & 186 Olde Orchard Lane, Burdett and Edmunds (BLA04-02) MOTION by Reg Gignoux, SECOND by Hilda White, to grant the boundary line adjustment for the reconfiguration of the boundary between the property at 168 Olde Orchard Lane (Burdett) and 186 Olde Orchard Lane (Edmunds) consistent with the plans submitted. VOTING: unanimous (7-0); motion carried.

6. OTHER BUSINESS, CORRESPONDENCE Planning Grant ($10,000) for Town Plan Update Dean Pierce will revise the scope of work in light of the planning grant received by the town. Boulder Hill Notice of Recording Dean Pierce reported the corrected version of the Notice of Recording document for the Boulder Hill project must be filed (a typographical error was found in the original document). MOTION by Hilda White, SECOND by Fred Schmidt, to authorize the Planning Commission Chairman to sign the corrected Notice of Recording document for the Boulder Hill project. VOTING: unanimous (7-0); motion carried. Charlotte Bylaws Amendment Dean Pierce reported the Town of Charlotte is amending their bylaws to encourage growth within their village. School Board Presentation A presentation from the school board was added to the agenda for the 1/13/05 Planning Commission meeting. Work Session on Town Plan Update Work session scheduled for 12/16/04. VCAM will broadcast the work session. Fishman Wind Turbine A scope of work and budget will be prepared by David Raphael, consultant. Goals for Housing A presentation by the Regional Planning Commission to the Selectboard and Planning Commission on local housing goals will be scheduled. Number of Houses on Lot #1 of the Swenson Subdivision The Planning Commission confirmed the lot was approved for one house only.

6. ADJOURNMENT MOTION by Fred Schmidt, SECOND by Hilda White, to adjourn the meeting. VOTE: unanimous (7-0); motion carried. The meeting was adjourned at 10 p.m. Minutes respectfully submitted by M.E.Riordan, Recording Secretary.