MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme, Lisa Levine, Chris Boyd. (Jim Talley was absent.)

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer.

OTHERS PRESENT:            Larry Williams, Peter Richardson, Antonia Bullard, Dick Reid, David Webster, Gwen Webster, Sue Davis (Shelburne News), and others.

The Selectboard entered Executive Session at 6:30 p. m. for the purpose of discussing contract matters.

Mr. Dudley called the regular meeting to order at 7:03 p.m.

 

Additions to Agenda: Item 6b – Annual Computer Services Agreement with the State of Vermont (Marshall-Swift).

Dick Reid, resident, read a letter to the Board, dated 07/12/05, regarding Fieldhouse, LLC and Harrington Circle amendments to the contract between the Town of Shelburne and Fieldhouse, LLC. Mr. Reid said the agenda of the 06/23/05 Selectboard meeting indicate Board discussion and action taken on the amendments to the contracts, but the minutes have not been posted for public review. Mr. Reid expressed concern regarding the 26-acre conservation land at the Fieldhouse project, which is a “no cut zone”.  Mr. Bohne noted the minutes have not been processed for posting at this time, but should be available soon.  Mr. Reid asked for assurance that the Board action on 06/23/05 did not alter any part of the conservation land. Mr. Bohne stated the Board could not commit to following the conditions at this time. The Board may go back to the Natural Resources and Conservation Committee regarding potential changes to the conditions, which could be re-negotiated. Mr. Reid commented clear cutting the entire 26 acres would be in violation of the State Agency of Natural Resources conditions. Mr. Reid asserted Board meetings should be conducted in the open for public input as events evolve, and inquired about the fine line between Board discussions in Executive Session versus public session. Ms. Levine explained the Board discussed in Executive Session any change with legal ramifications; action is taken in public session. There was further discussion of the 26 acres of land. Mr. Reid pointed out Agency of Natural Resources conditions required “an orange fence shall be placed around the conserved land”, but this was not done until much digging on the baseball fields had taken place.

 

4.         PUBLIC HEARING: AMEND ZONING BYLAWS TO ESTABLISH A REDEVELOPMENT PUD IN THE VILLAGE OVERLAY ZONE (continued)

Mr. Bohne noted two paragraphs have been added to Section 4.h regarding: a) building height and setbacks; b) the conditional use process. The paragraph covering building height and setbacks is not a substantive change, but the paragraph on the conditional use process is a new issue which will require a public hearing.  The Board can elect to approve the R-PUD amendment and warn another hearing on the conditional use process in August.  Ms. Levine expressed concern a progressive ratio of boundary setback to heights is not included, observing that a 15’ setback is not far from another person’s property. Also, clarification is needed on the 35’ height maximum since there are very few buildings of that height in the village presently. There was lengthy discussion of height to setback limitations considered by the Planning Commission, adding language that vested the Zoning Board to balance the rights of adjoining property owners, language addressing the issue of a “village” zone being different from a “suburban” zone, and the Planning Commission’s intent to add flexibility to the amendment language relative to setbacks and heights. Gwen Webster pointed out Shelburne Inn, with the exception of the churches, is the tallest building in the village. Mr. Dudley noted his house is 27’ from the side boundary as is his neighbor’s house so a 15’ setback did not seem to be a serious drawback, though language could be added to provide the Zoning Board opportunity to exercise judgment. Ms. Webster stated the Planning Commission, which reviews density issues, has discretion for flexibility. The Zoning Board must apply five criteria for conditional use approval.

 

David Webster expressed concern about the existing single family homes in the village and that when changes take place, Shelburne could end up with a village quite unlike what it is now. Mr. Webster felt there is a serious flaw in setbacks and building heights, and there should be language to allow the Zoning Board to say, “This is not what we are looking for.”

 

Peter Richardson, Shelburne Inn co-owner, pointed out the by-law provides for a re-development of existing lots, not for new construction. An existing structure can be closer to property line (Shelburne Inn is two feet from the line), but the amendment allows for a 15’ setback. A new building on a site must meet the 15’ setback in order to be 35’ in height, and the ZBA has some discretion to allow the building or not.

 

There was further discussion of a mathematical ratio (Ms. Levine suggested 15’ setback for 20’ height, 30’ setback for a maximum 25’ height), warning a public hearing for the conditional use language (the updated Town Plan speaks to increased density in the village core), existing structure heights (the language allows for a 25% expansion of the existing footprint and does not say a new structure has to be attached), the average height of structures on Falls Road, and allowing the Zoning Board to add limitations if a new structure impacts adjacent property. Mr. Bohne suggested using “eave” height which eliminates a 30’ high building going straight up in the air.

 

MOTION by Mr. Neme, seconded by Ms. Levine, to adopt the Shelburne Zoning Bylaw Amendment and to accept the proposed Paragraph 1 with the wording “…30’ with no more than 20’ to eave height or as to Existing Structures, the existing building and eave heights.”. VOTE: unanimous (4-0); motion carried.

MOTION by Mr. Neme, seconded by Ms. Levine, to warn a public hearing on the Shelburne Zoning Bylaw regarding amendment to Section 4.h as written to include Paragraph 2 as proposed in the memo from the Town Planner, dated 07/08/05, for 08/09/05. VOTE: unanimous (4-0); motion carried.

 

5.         PUBLIC HEARING: FY 2006 CAPITAL BUDGET AND PROGRAM

Mr. Frankenburg reviewed the proposed FY06 Capital Budget and Program. Chip sealing Pond Road has been removed from the Capital Program. Additional impact fees for emergency services and highway projects can be considered, and a draft CVU impact fee is being review internally at this time. Mr. Dudley noted grants and collected impact fees (for example, sidewalks and paths) will reduce the impact on the tax rate.

 

DISCUSSION: Mr. Frankenburg noted the six-year Capital Program is updated every year. Once adopted the fiscal year budget locks in the amounts for each project, but the Board can review and revise the program list as needed.

 

6.         CONSIDERATION OF A RESOLUTION TO APPLY FOR A VERMONT COMMUNITY DEVELOPMENT BLOCK GRANT ON BEHALF OF THE OPPORTUNITY CREDIT UNION

Mr. Bohne reviewed the resolution to apply for a Vermont Community Development Block Grant in support of loans to owners of mobile homes. The Community Development Board (CDB) did not fund the application this cycle. There are issues to address. Ms. Bullard, Opportunity Credit Union representative, explained that the previous application had a $10,000 sub-grant built into the application for an OEO mobile home project. The CDB was concerned that the application could provide loans with public money to people living in mobile home parks with no assurance that the park wouldn’t be sold, thus reducing the value of the home and putting the loan in jeopardy.  A more detail explanation will be written including underwriting criteria and saying the Credit Union will invest private funds to public funds on an 8:1 ratio. The timeline is to submit the application by 07/26/05 for an early October CDB decision.

 

MOTION by Mr. Neme, seconded by Ms. Levine, to approve the resolution to apply for a Vermont Community Development Block Grant on behalf of the Opportunity Credit Union as presented. VOTE: unanimous (4-0); motion carried.

The Selectboard signed the appropriate document(s).

 

6.b       RENEWAL OF ANNUAL COMPUTER AGREEMENT BETWEEN THE STATE OF VERMONT AND THE TOWN OF SHELBURNE

Mr. Bohne explained the software program is a cost table for property assessments.

 

MOTION by Mr. Boyd, seconded by Ms. Levine, to authorize the Selectboard Chair to sign the agreement between the State of Vermont and the Town of Shelburne for use of the Marshall-Swift computer program as presented. VOTE: unanimous (4-0); motion carried.

 

The appropriate document(s) were signed.

 

7.         APPROVAL OF THE MINUTES: 5/24/05, 6/14/05, 6/30/05

MOTION by Ms. Levine, seconded by Mr. Boyd, to approve the minutes of May 24, 2005 with the following corrections:

Page 2, last three sentences - change to read “…frame until the PSB decision is rendered on the appeal. Mr. Dudley commented that if the Town did not appeal, the feeling was some of that leverage is lost. Only with the appeal in process would the Town have a …”.

Mr. Bohne reported on the following items:

 

-Transportation Improvement Program (TIP) meeting on 07/20/05, 7:00 p.m., CCMPO office on Kimble Avenue.

 

-Staff confirmed the (speed) advisory signs have been installed on the Falls Road Bridge.

 

-Regarding the Village Plan, Mr. Bohne reported bids from consultants are expected in the next week.

 

-Mr. Neme reported that according to staff at Efficiency Vermont, the variable speed drives at the wastewater treatment plants are saving up to 15% on electricity bills. A four-year monthly graph was done to track impacts. The Board thanked staff for responding to current violations at the plant in a timely manner.

 

-Interviews of candidate(s) for the Public Works Director position will be conducted.

 

-The Board reviewed a letter from BC/BS regarding a wellness program study in conjunction with UVM.

 

-Comments/input on the Regional Plan should be forwarded to Dean Pierce, Town Planner, by 09/02/05.

 

 

The meeting was adjourned at 9:10 p.m.

 

 

 

Accepted,

  

James Dudley, Selectboard Chair

  

TOWN OF SHELBURNE

MEMBERS PRESENT:       Jim Dudley, Chairperson; Chris Neme; Jim Talley; Chris Boyd

 

MEMBER ABSENT:           Lisa Levine was out of town and unavailable.

 

MOTION by Mr. Boyd, seconded by Mr. Talley, to enter Executive Session at 8:00 a.m. to

discuss a personnel matter. PASSED; 4 in favor; 0 opposed.

 

MOTION by Mr. Talley, seconded by Mr. Neme, to leave Executive Session at 8:45 a.m.

PASSED; 4 in favor; 0 opposed.

 

MOTION by Mr. Talley, seconded by Mr. Neme, to endorse the Town Manager’s selection of Bernie Gagnon as the Shelburne Director of Public Works.  PASSED, 4 in favor; 0 opposed.

 

MOTION by Chris Boyd, seconded by Mr. Talley, to adjourn the meeting at 9:00 a.m. PASSED, 4 in favor; 0 opposed.

 

Minutes Approved By:

 

 

Jim Dudley

Selectboard Chair