    |
  |
        |
|
|
Planning Commission Meeting Minutes - February 2006
PLANNING COMMISSION MINUTES OF MEETING FEBRUARY 9, 2006 MEMBERS PRESENT: Rick Peterson (Chairman); Reg Gignoux, Hilda White, Tucker Holland, Kay Kraushaar, Peter Gibbs. (Claude LaPierre was absent.) STAFF PRESENT: Dean Pierce, Town Planner. OTHERS PRESENT: John Wakefield, Scott Jaunich, John Weil, Jeff Jackson, Willard Jackson, Matt Wamsgantz, David White, Mr. and Mrs. Wilkins, Julie Weisgerber, Lucille Pittman, Michaela Hutchins, Kurt Jergensen, Patricia Blood, Joseph Maille, Rose Garritano, Peter Garritano, Maureen O’Brien, John Wagner, Michael Garvalu, Marge Sharp (Shelburne News), and others. AGENDA: 1. Call to Order 2. Approval of Minutes (1/26/06) 3. Design Review, David & Patricia Blood, 104 Marsett Road (DR06-02) 4. Design Review, Catamount/HSI/Shelburne, LLC, 5247 Shelburne Rd. (DR06-03) 5. Preliminary Plan Review, Willard T. Jackson, et al, 4533 & 4539 Harbor Road (SUB05-05) 6. Site Plan Amendment Continuance, Catamount/Harbor, LLC, 4750 Shelburne Road (SP06-01) 7. Preliminary Plan Review, John Wagner/WAG, LLC, 4592 Dorset Street (SUB05-08) 8. Other Business, Correspondence 9. Adjournment 1. CALL TO ORDER Chairman Peterson called the meeting to order at 7:30 p.m. 2. APPROVAL OF MINUTES (1/26/06) MOTION by Reg Gignoux, SECOND by Hilda White, to approve the 1/26/06 minutes with the following corrections: Page 3, Public Comment, statement by Alec Webb – change “reading” to “learning”; Page 7, 1st paragraph, 4th line – insert “all at once” following “…people coming to the site”; Page 9, Other Business, letter to PSB – change “withdraw” to “withdrawal”. VOTING: unanimous (6-0); motion carried. 3. DESIGN REVIEW, DAVID & PATRICIA BLOOD, 104 MARSETT ROAD (DR06-02) Patricia Blood appeared on behalf of the application. APPLICANT COMENTS Ms. Blood explained the house at 104 Marsett Road needs repainting or siding for long term, low maintenance. The windows need to be replaced with more energy efficient models. The fence which is eight years old is falling down and needs repair. The proposal addresses these matters. STAFF REPORT The Planning Commission received a written staff report on the application, dated 2/9/06. Dean Pierce reported on the review by the HP&DRC (fence pending further review). PUBLIC COMMENT None. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Design Review, Maintenance Improvements, 104 Marsett Road, Blood (DR06-02) MOTION by Kay Kraushaar, SECOND by Reg Gignoux, to grant design review approval to David and Patricia Blood for changes to property at 104 Marsett Road consistent with the plans and materials submitted to the Planning Office and subject to the following condition: the fence may be of the Lakeland concave or Lakeland convex design as depicted on material submitted on 2/3/06. VOTING: unanimous (6-0); motion carried. 4. DESIGN REVIEW, CATAMOUNT/HSI/SHELBURNE, LLC, 5247 SHELBURNE ROAD (DR06-03) John Wakefield appeared on behalf of the application. APPLICANT COMMENTS John Wakefield described the proposed 4’x 6’ temporary sign to be set four feet off the ground (total height of eight feet). The sign will be a two-sided box design of painted MDO plywood supported by two 6”x 6” posts with 1”x 10” trim enclosing the sign. The T-111 siding as shown in the rendering will be removed. The size of the lettering will be four inches for the words “Shelburne Inn”, 3.5” for the word “Residences”, 2.5” for the website, and one inch for the words “Welcome Home”. The sign will be posted to the left of the building, 10’ from the setback. The temporary development sign will be removed when at least 75% of the development is complete. STAFF REPORT The Planning Commission received a written staff report on the application, dated 2/9/06. The Planning Commission discussed increasing the size of the lettering for easier reading by passers-by. PUBLIC COMMENT None. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Design Review, Temporary Sign, 5247 Shelburne Road, Catamount/HSI/Shelburne, LLC (DR06-03) MOTION by Tucker Holland, SECOND by Hilda White, to grant design review approval to Catamount/HSI/Shelburne, LLC for a temporary sales sign on property at 5247 Shelburne Road consistent with plans submitted (revised 2/2/06) and subject to the following conditions: 1. The skirt between the sign posts (T-111 siding) shall be eliminated as noted. 2. The size of lettering may be increased to up to four inches in size. VOTING: unanimous (6-0); motion carried. 5. PRELIMINARY PLAN REVIEW, WILLARD T. JACKSON, et al, 4533 & 4539 HARBOR ROAD (SUB05-05) David White appeared on behalf of the application, and introduced other members of the team, including Will and Jeff Jackson, Matt Wamsgantz, Dave Marshall, Scott Jaunich, John Weil, and others. Mr. White noted an ecologist, archeologist, landscape architect, and wetlands expert can be available to provide comment. Tucker Holland recused himself. APPLICANT COMMENTS David White gave a brief overview of the project on Shelburne Point at the end of Harbor Road, noting Jeff Jackson’s personal residence was subdivided from the main property previously. The proposal includes the enlargement of Jeff Jackson’s parcel to 15.4 acres. Mr. White stated the Jackson family has owned the property for over 30 years and wants to do an environmentally sensitive development as their legacy. To date a botanical survey has been done, archeological research has been conducted, and multiple site walks have been done to allow the land to dictate where the lot lines and roads should be located in the development. A shore zone has been designated and a conservation area has been delineated in the center of the property. Building zones are limited and a management plan for the natural communities on the site has been drafted. Also, the Jacksons agree to no further subdivision of the property and a 25,000 s.f. cap on the “hardscape” (cumulative footprint of buildings and other improvements such as swimming pools, porches, decks, patios). Chairman Peterson clarified that the “cap” applies to improvements within the building envelope, but the improvements can be spread out within that area (i.e. a shed in the southwest corner, the house in the northwest corner, tennis court in the northeast corner, and a pool in the southeast corner). The property will be designed and maintained as designed, assured Mr. White. Mr. White stated the Vermont Land Trust was contacted about the property, but nothing came to fruition. Lake Champlain Trust and The Nature Conservancy both declined to participate because the property as a whole was not seen to have enough environmental value to be a priority for them. In addition, both entities were reluctant to become involved in a development project. Public access to the property includes managed educationally related access. There is public access to the beach from the lake. Mr. White addressed the status of compliance with the conditions of sketch plan approval listed in the table created by Dean Pierce in the Staff Report, dated 2/9/06, as follows: Item 2(C) – the list of possible partners per managed public access is not exclusive so there is compliance with the condition of approval; Item 2(D) – there is nothing proposed to prohibit future access (from the lake) so there is compliance with the condition of approval; Item 3(A) – a common tennis court area has been added on one of the least sensitive areas on the property (“Radkinville”) within the common use area so it is felt there is compliance with the condition of approval; Item 4(A) – access to the shore per the requirement of the shore zone is being sought. (Reg Gignoux recalled gazebos being in the plan. The applicant will further investigate this matter.); Item 4(B) – the limited development area is on page 9 of the document titled “Exhibit C” so there is compliance with the condition of approval; Item 4(D) – the final version of the “lot-by-lot” proposal is forthcoming; Item 5 – information on seawalls and retaining walls is forthcoming. Per the applicant, outstanding issues to be settled include:
Per the applicant, documentation submitted to date includes the following:
Peter Gibbs asked about public access on lot #4 per the condition of approval. Scott Jaunich stated there is nothing in the declaration that prohibits public access on lot #4. Jeff Jackson stated the wording allows the homeowner to make the decision to grant access (as a paddlers’ stop, for example). Reg Gignoux expressed concern about the homeowners being able to amend the declarations, especially if one person owns four lots. Rick Peterson asked the legal basis for a private, nonprofit homeowners association owning the community conservation easement. Mr. Jaunich will research the matter. Will Jackson stressed the intent is to make the environmental restrictions binding on the owners of the land. Mr. White stated technical issues with the development will be resolved by the engineers. An ecologist will attend the next hearing to answer any questions on the lot-by-lot restrictions. STAFF REPORT The Planning Commission received a staff report on the application, dated 2/9/06. PUBLIC COMMENT None. DELIBERATION/DECISION Preliminary Plan, Subdivision, 4533 & 4539 Harbor Road, Jackson (SUB05-05) MOTION by Reg Gignoux, SECOND by Hilda White, to continue review of the Preliminary Plan submitted by Willard T. Jackson, et al, for a subdivision involving two parcels on Shelburne Point (4533 & 4539 Harbor Road) until March 23, 2006. VOTING: unanimous (5-0); motion carried. Tucker Holland returned to the Planning Commission. 6. SITE PLAN AMENDMENT CONTINUANCE, CATAMOUNT/HARBOUR, LLC, 4750 SHELBURNE ROAD (SP06-01) John Wakefield appeared on behalf of the application. APPLICANT COMMENTS Mr. Wakefield explained there is 6,824 s.f. of office space requiring 45 parking spaces and 3,600 s.f. of warehouse/storage space requiring two parking spaces. There are 82 existing parking spaces on-site not including the eight spaces being added due to the convenient location. The building is 20,000 s.f. and only half full. The prospective tenant will use 10,000 s.f. of space, but a loading area is needed. Conditional use approval for the warehouse was granted. Applications for a storm water permit and an Act 250 permit will be submitted. Trip-end generation from 4750 Shelburne Road is 50 trip-ends per day, and the entire site is 360 trip-ends per day. A letter from Vermont Fish & Wildlife regarding rare plants and/or species states there are no occurrences. Rick Peterson asked about the type of storage planned on the site so proper screening can be determined. Mr. Wakefield stated the tenant will store office furniture (crates will be stored outside). Reg Gignoux commented outside storage may adversely impact circuit boards so it is likely outside storage trailers might be needed. Mr. Gignoux requested more information on the types of items to be stored outside. Mr. Wakefield clarified the application is for loading docks. The applicant will accept a condition of no outside storage. The existing fence provides screening. A paved area of 150’ is needed for the turning radius by the loading docks. There is a storm water retention area that has been designed. Erosion prevention has been planned as well. Act 250 will require erosion control to be in place before work on the site begins. There was further discussion of the loading docks (five of them) to serve a relatively small area (10,000 s.f.) and the increase in capacity and potential impact on trip-ends. Rick Peterson pointed out a significant area is proposed to be blasted, and questioned the need for the outside storage, fencing, and parking all at this time or if this development can be advanced when there is a tenant in place. STAFF REPORT The Planning Commission received a staff report on the application, dated 2/9/06. Dean Pierce stated due to potential environmental impacts, the application was sent for review by the Town Engineer (typically a change of use is not reviewed by the engineer). The Shelburne Natural Resources Committee felt the area is environmentally sensitive, and asked if there could be additional access to building without going around the back. Mr. Wakefield stated with the current tenants, there is no way to achieve this. The Planning Commission discussed doing a site walk. PUBLIC COMMENT None. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Site Plan Amendment, Outdoor Storage and Loading Area, 4750 Shelburne Road, Catamount/Harbour, LLC (SP06-01) MOTION by Peter Gibbs, SECOND by Tucker Holland, to disapprove without prejudice the site plan amendment to allow outside storage and a loading area on property at 4750 Shelburne Road as submitted by Catamount/Harbour, LLC. VOTING: unanimous (6-0); motion carried. 7. PRELIMINARY PLAN REVIEW, JOHN WAGNER/WAG, LLC, 4592 DORSET STREET (SUB05-08) Trafton Crandall with Llewellyn Howley and John Wagner appeared on behalf of the application. APPLICANT COMMENTS Mr. Crandall reviewed the proposal for an eight lot subdivision on approximately 40 acres at 4592 Dorset Street (part of the former Sutton farm). The existing farmstead house will have five acres, six lots will be part of a PRD, and one lot of 21 acres will be open space. There is a row of trees on the north boundary, a horse farm to the north (Garritano property), a large wooded parcel to the west, and open farm land to the south (Maille property). The houses on the proposed six lots will be clustered toward the north boundary line. There are wetlands on the site. Erosion and storm water control plans will be drafted. Comments from the Town Engineer will be addressed. Appropriate drainage will be in place. Five lots will share a community septic system (630’ long) with gravity design and a pump station to a mound system. A basin for storm water to be used as a fire pond as well will be created. There will be a dry hydrant at the end of the hammerhead turnaround on the access road. The homeowners association will maintain the waste water system, road, and storm water pond. A 24’ wide paved road to the six lots is planned. There will be a roadside swale on each side of the access road. Chairman Peterson pointed out with a PRD there is some flexibility with regard to the width of the road, and suggested the road width be decreased. Reg Gignoux suggested a 16’ wide road with two foot grassed shoulders on each side built to specification since a narrower road will slow cars and look more like a country road with shoulders. Mr. Peterson noted with regard to the drainage and sewer system, the town retains the right to maintain the system(s) if the homeowners association fails to do so. The homeowners association will be charged for the maintenance. Mr. Crandall stated the building envelopes are dictated by the limitations of the land, the location of the septic system, and the 75’ setback required with a PRD. The building envelopes have been staggered and set 20’ from the access road. Regarding recreation paths, there is an existing VAST trail route across the property which is re-routed to another area on the property. Peter Gibbs pointed out the proposed re-routing of the VAST trail goes through the building envelope of the existing homestead. Mr. Crandall stated the building envelope can be decreased in size to allow for the trail. Rob Donahue (Shelburne Paths Committee) has been contacted to review the plans and determine if a meeting is advisable. Rick Peterson stated an easement along the road for a future bike path may be a topic of discussion. Mr. Crandall mentioned planned landscaping and screening. Photographs showing different view points from the property, topography, and the effectiveness of the existing screening were reviewed. STAFF REPORT The Planning Commission received a written staff report on the application, dated 2/9/06. Dean Pierce noted the property is listed on the Historic Register. Chairman Peterson stated a letter form Robert VanKleeck was received on 2/9/06 requesting trees for screening and mentioning drainage. Mr. Crandall mentioned the berm being requested by the Garritanos, noting there is an existing stone wall and thick brush along the property line by the Garritanos. A six foot berm will not provide much screening. Tree plantings will be more effective. Regarding drainage, John Wagner stated storm water run off will be contained on the property. The water will be filtered before entering the wetlands which is an improvement over present conditions. Tucker Holland asked about the waste water system encroaching on the lots. The applicant felt it easier to have straight lot lines and provide an easement for the waste water system. Also, the lot size for the farmstead must be five acres. PUBLIC COMMENT Rose Garritano, neighbor, stated Red Maple leaves are toxic to horses. It will be a problem if these trees are planted on the applicant’s property and leaves blow over to the horse farm. A six foot berm along the property line planted with evergreen trees will provide an immediate six foot high screen of trees to help decrease road noise and impact from headlights. The existing hedgerow is sparse in winter especially. There are not many large trees that are thriving. Ms. Garritano also asked if the bulldozers and trucks used during construction could be stored farther from her house. Ms. Garritano mentioned the soils being able to handle on-site septic, noting their soil is Vergennes Clay, not sandy loam as was found on the applicant’s (adjacent) property. There was also mention of the aquifer and availability of water for six additional houses. Ms. Garritano stated their 500’ deep well only produces one gallon per minute; there is great concern about running out of water. Chairman Peterson stated before a building permit is issued, the applicant must secure potable water and waste water permits from the state. Mr. Crandall stated it will have to be demonstrated there is an isolation distance from the waste water system and other potential contaminants. Capacity or yield data for wells is not required. Mr. Maille noted his wells produce 24 gallons per minute and 14 gallons per minute respectively. Dean Pierce stated the Town Engineer will confirm whether the property has waste water capacity. Peter Garritano suggested photographs be taken from a closer point to the neighboring houses to show the existing conditions. Maureen O’Brien, neighbor, agreed with the suggested to take pictures from a point closer to the adjacent houses and that the tree line is sparse. More screening needs to be planted (three maple trees may not provide much screening) to subdue headlights and noise. Mr. Wagner agreed to consider the suggestions. Mr. Crandall stated there will also be landscaping on each lot around the houses (up to $2,500 per lot for shrubs, shade trees, and such). Ms. O’Brien agreed with the concerns raised about the community septic system and volume of water from wells for the proposed houses. Regarding the open space lot (lot #7), Ms. O’Brien asked is there can be any building on the land (agricultural buildings) and why there is waste water capacity planned for the lot. It was explained there is an easement shown on lot #7 for the waste water mound system for the six residential lots (lots #2-#6). Ms. O’Brien asked about access to lot #7. Mr. Crandall stated there is an existing agricultural entrance which will be used for access. Ms. O’Brien questioned how lot #7 can be used for agricultural purposes with the 630’ mound system on it. Mr. Crandall stated the mound system will have to be fenced to keep animals off of it so essentially the lot will be divided into two fields. Ms. O’Brien observed the use of the open space becomes somewhat marginal due to the peninsula shaped mound system on it. Joseph Maille asked about run off along the road. Mr. Crandall stated with the drainage system the rate and flow of water along the road will not change from current conditions. There were no further comments. DELIBERATION/DECISION Preliminary Plan, PRD, 4592 Dorset Street, Wagner (SUB05-08) MOTION by Reg Gignoux, SECOND by Peter Gibbs, to continue preliminary plan review of the site plan submitted by John Wagner for a PRD at 4592 Dorset Street until April 13, 2006. VOTING: unanimous (6-0); motion carried. 8. OTHER BUSINESS, CORRESPONDENCE Anderson (Auclair) Subdivision on Pond Road Dean Pierce reported the applicant requested the deadline for filing an application be extended. The Planning Commission can amend the policy and authorize the matter to be handled administratively or accept/deny the request. MOTION by Reg Gignoux, SECOND by Tucker Holland, to authorize the Town Planner, Dean Pierce, to consider the request from Mike Burke regarding extension of the application deadline relative to the Anderson (Auclair) subdivision on Pond Road and determine if the request qualifies for extension under the criteria of the policy (“Deadlines for Filing Preliminary Plan Applications”). VOTING: unanimous (6-0); motion carried. Forum on Interim Draft of the Regional Plan Dean Pierce announced the Regional Planning Commission will be holding public forums on the interim draft of the Regional Plan. Senesac Appeal of Ken Albert Subdivision Dean Pierce stated the town is monitoring the appeal of the Albert subdivision application. Pond Road Reg Gignoux reported according to Paul Bohne the town and residents want the situation on Pond Road resolved without a protracted legal battle. Hilda White mentioned in the past the Planning Commission reviewed the legal paperwork for applications to ensure all stipulations are in the deeds, and perhaps this should once again be one of the Planning Commission’s tasks. 9. ADJOURNMENT MOTION by Hilda White, SECOND by Reg Gignoux, to adjourn the meeting. VOTE: unanimous (6-0); motion carried. The meeting was adjourned at 11:12 p.m. Minutes respectfully submitted by M.E.Riordan, Recording Secretary.
January 2006Planning Commission Minutes February 2006 Planning Commission Minutes March 2006 Planning Commission Minutes April 2006 Planning Commission Minutes May 2006 Planning Commission Minutes June 2006 Planning Commission Minutes July 2006 Planning Commission Minutes August 2006 Planning Commission Minutes September 2006 Planning Commission Minutes October 2006 Planning Commission Minutes November 2006 Planning Commission Minutes December 2006 Planning Commission Minutes |
|
|
|
Home | Contacts | Departments | Events | Information | Search | Site Map | Services | Forms | Minutes
Site by DIGITAL FRONTIER © 2010 |
