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minutes

Planning Commission Meeting Minutes - March 2006

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE PLANNING COMMISSION. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE COMMISSION.
TOWN OF SHELBURNE

PLANNING COMMISSION
MINUTES OF MEETING
MARCH 9, 2006
 
MEMBERS PRESENT:       Rick Peterson (Chairman); Reg Gignoux, Hilda White, Tucker Holland, Kay Kraushaar, Peter Gibbs, Claude LaPierre.
STAFF PRESENT:                Dean Pierce, Town Planner.
OTHERS PRESENT:            Kris Engstrom, Rick Whittlesey, Margaret Ottinger, Pat and Frank Califano, Dave Marshall, Chris Davis, Sean McGrath, David Buehm, Kristy Blade, Lee Zachary, Ram Sinha, Doug Riley, Grant Bush, Marge Sharp (Shelburne News).
AGENDA:
1.      Call to Order
2.      Approval of Minutes (2/9/06)
3.      Design Review, Kristine Engstrom, 5657 Shelburne Road (DR06-04)
4.      Design Review, Diane Marcotte, 596 Falls Rd. (DR06-05)
5.      Sketch Plan Review Continuance, All Souls Interfaith Gathering, Inc./Meach Cove Real Estate Trust, LLC, 291 Bostwick Farm Road (SUB06-03)
6.      Site Plan Review Continuance, RSM Management Services, Inc./Bruce Righi, 4109 Shelburne Road (SP06-02)
7.      Preliminary Plan Review, Ram N. Sinha, 104 Sledrunner Road (SUB06-01)
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 (2/9/06)
MOTION by Reg Gignoux, SECOND by Hilda White, to approve the 2/9/06 minutes with the following correction:
Page 5, List of documentation submitted by applicant, Item #3 – change “quick claim” to “quit claim”.
VOTING:  unanimous (6-0) [Tucker Holland not present for vote]; motion carried.
 
3.         DESIGN REVIEW, KRISTINE ENGSTROM, 5657 SHELBURNE ROAD (DR06-04)
Kristine Engstrom appeared on behalf of the application.
 
APPLICANT COMENTS
Ms. Engstrom explained permission from the Design Review Committee was secured to replace rotting siding and windows. When the front porch was removed to do the wiring, it was decided the building would look better with a smaller railed porch on the southwest side of the structure. The smaller porch was constructed.
 
STAFF REPORT
The Planning Commission received a written staff report on the application, dated 3/9/06.
 
PUBLIC COMMENT
None. Chairman Peterson closed the evidentiary portion of the hearing.
 
DELIBERATION/DECISION
Design Review, Porch, 5657 Shelburne Road, Engstrom (DR06-04)
MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to retroactively grant design review approval to Kristine Engstrom for alterations to property at 5657 Shelburne road including removal of an existing deck style porch and replacement with a smaller railed porch, application of shingles and trim detailing consistent with the plans submitted. VOTING:  unanimous (6-0) [Tucker Holland not present for vote]; motion carried.
 
4.         DESIGN REVIEW, DIANE MARCOTTE, 596 FALLS ROAD (DR06-05)
Diane Marcotte appeared on behalf of the application.
 
APPLICANT COMMENTS
Ms. Marcotte explained the solarium on the house was built without a zoning permit (this was discovered during refinancing).
 
STAFF REPORT
The Planning Commission received a written staff report on the application, dated 3/9/06.
 
PUBLIC COMMENT
None. Chairman Peterson closed the evidentiary portion of the hearing.
 
DELIBERATION/DECISION
Design Review, Solarium, 596 Falls Road, Marcotte (DR06-05)
MOTION by Claude LaPierre, SECOND by Reg Gignoux, to retroactively grant design review approval to Diane Marcotte for construction of a greenhouse/solarium approximately 12’ x 20’ in size over an existing deck at the rear of the residence at 596 Falls Road consistent with the plans and materials submitted. VOTING:  unanimous (6-0) [Tucker Holland not present for vote]; motion carried.
 
5.         SKETCH PLAN REVIEW CONTINUANCE, ALL SOULS INTERFAITH GATHERING, INC./MEACH COVE REAL ESTATE TRUST, LLC, 291 BOSTWICK FARM ROAD (SUB06-03)
David Marshall appeared on behalf of the application.
 
APPLICANT COMMENTS
Dave Marshall summarized the application for a boundary line adjustment in association with plans for a 175-seat chapel. Adjustment of the boundary line (3.4 acres) will impact the 11 acre parcel.  Separate application for expansion of the existing use on the property (chapel) will be submitted.  The traffic study of the intersection of Bostwick Road/Route 7 will be submitted. There are no questions or concerns with the staff report on the boundary line adjustment.
 
STAFF REPORT
The Planning Commission received a staff report on the application, dated 3/9/06. Dean Pierce reported the applicant met with the Paths Committee and representatives of Shelburne Farms, and as a result of the meeting, the Paths Committee has withdrawn their recommendation to require an easement. All parties agreed to work together in the planning process for paths.  Parking issues for the chapel use will be covered in the site plan review process.
 
PUBLIC COMMENT
None. Chairman Peterson closed the evidentiary portion of the hearing.
 
DELIBERATION/DECISION
Sketch Plan, Subdivision - Boundary Line Adjustment, 291 Bostwick Farm Road, All Souls Interfaith Gathering, Inc./Meach Cove Real Estate Trust, LLC (SUB06-03)
MOTION by Reg Gignoux, SECOND by Hilda White, to classify the application submitted by All Souls Interfaith Gathering, Inc./Meach Cove Real Estate Trust, LLC for the subdivision of property encompassing 291 Bostwick Farm Road and 302-310 Beach Road as a minor subdivision. VOTING:  unanimous (7-0); motion carried.
 
MOTION by Hilda White, SECOND by Reg Gignoux, to approve the sketch plan submitted by All Souls Interfaith Gathering, Inc./Meach Cove Real Estate Trust, LLC for a proposed subdivision boundary line adjustment associated with plans to establish a 175-seat chapel in a building previously used for residential and accessory activities subject to the following conditions:
1.         Any Final Plan application shall include a detailed proposal for an ongoing path planning process to be conducted by the applicant in cooperation with the Shelburne Bike/Pedestrian Paths Committee, and further, representatives of Shelburne Farms and the Shelburne Museum shall be invited to participate in the process.
2.         Any Final Plan application shall include a detailed safety analysis of the Route 7/Bostwick Road intersection.
3.         Review of any Final Plan shall take place simultaneously with the review of the Site Plan for the property.
4.         The application shall include all other required information identified in the Final Plan Checklist.
5.         Any Final Plan application shall reflect comments from the Town’s consulting engineer in the letter, dated 2/15/06, and comments from the Shelburne Director of Public Works in the memo, dated 2/1/06.
VOTING:  unanimous (7-0); motion carried.
 
6.         SITE PLAN REVIEW CONTINUANCE, RSM MANAGEMENT SERVICES, INC./BRUCE RIGHI, 4109 SHELBURNE ROAD (SP06-02)
Rick Whittlesey and Sean McGrath appeared on behalf of the application. It was noted Bruce Righi is the property and Sean McGrath is the proprietor of Marco’s Pizzeria and Beverage in the location of the former Uncle Leo’s Store.
 
APPLICANT COMMENTS
Mr. Whittlesey stated there was a convenience store and deli on the site when the property was purchased. Pizza with pick-up service was added. The Zoning Board approved the change of use under the “other similar uses” regulation.  The site was modified by the Route 7 reconstruction project. Some green space in the front of the property was lost and a curb cut was closed. The driveway to the site is shared with the adjacent antique store. The antique store has minimal traffic so there is not a safety problem with the shared driveway.  A ramp for handicap access is needed for the pizzeria. A ramp will be added along the existing deck on the building. Parking will be designated for customers (including the handicap parking spaces) in front and on the side of the building. Staff parking will be in back of the building. Improvements are being made to increase safety on the site for visitors.
 
STAFF REPORT
The Planning Commission received a staff report on the application, dated 3/9/06. Chairman Peterson summarized the changes to the site, including installation of a handicap access ramp in close proximity to three handicap parking spaces, striping the parking lot for customers and staff, and connection to the property to the north (antique store presently).  Dean Pierce noted the Zoning Board used the calculation for a retail use to determine the amount of parking. The number of spaces proposed by the applicant is adequate though three handicap spaces may not be necessary (one space may be enough for the size of the site).  Reg Gignoux suggested the entrance into Long Meadow Drive is too wide and should line up with the driveway.  Peter Gibbs agreed a plan showing site circulation and parking is needed.  There was further discussion of the road connection to the antique store. It was noted easement documents have not yet been filed by VTrans. The applicant said he has not witnessed anyone using the road connection between the properties to go to the antique store.
 
Dean Pierce stated more information is needed on landscaping, deliveries, and lighting. The applicant noted there is a loading dock on the southeast corner of the building. There was discussion of whether the loading dock is in the right-of-way.
 
Reg Gignoux commented the proposal lacks imagination and forethought. It appears the development is being done haphazardly.  Mr. Whittlesey pointed out the site is existing (the proposal is redevelopment as opposed to new development), and there are existing topographical features (steep incline at back and side of building).
 
Peter Gibbs suggested the travel lane be reduced to 27’ wide and possibly a planting strip added in front of the building.  Rick Peterson suggested investigating with VTrans the possibility of having the connection to the antique store (if the connection is compelling) run behind the building.  Tucker Holland observed the site would work better without the connection. Hilda White suggested the entry from the south off of Long Meadow Drive be narrowed.  Reg Gignoux urged the applicant to determine the optimum circulation on the site. Kay Kraushaar suggested eliminating the connector and adding a green space and parking up against the building.
 
PUBLIC COMMENT
None. Chairman Peterson closed the evidentiary portion of the hearing.
 
DELIBERATION/DECISION
Site Plan Review, Site Improvements, 4109 Shelburne Road, RSM Management Service, Inc./Bruce Righi (SP06-02)
MOTION by Reg Gignoux, SECOND by Tucker Holland, to approve the Site Plan submitted by RSM Management Services/Bruce Righi for a pizzeria occupying the site of the former Uncle Leo’s Store at 4109 Shelburne Road with the conditions as presented in the staff report, dated 3/9/06. VOTING:  1 aye (Peterson), 6 nays (Gibbs, Gignoux, White, Kraushaar, Tucker, LaPierre); motion did not carry.
 
7.         PRELIMINARY PLAN REVIEW, RAM N. SINHA, 104 SLEDRUNNER ROAD (SUB06-01)
David Buehm with Engineering Adventures appeared on behalf of the application. Peter Gibbs recused himself.
 
APPLICANT COMMENTS
Mr. Buehm stated Ram Sinha owns three lots on Sledrunner Road (one approximately three acres in size, the lot to be subdivided which is ten acres, and a six acre lot known as the lake lot).  The ten acre lot being subdivided is generally wooded. The land slopes up from the lake then drops off to the west over wetlands. The lake lot (parcel #5 of the original subdivision) is included in the application, but will not be further subdivided though an additional easement across the land and lake front access is proposed.  Regarding compatibility with surrounding lots, the newly subdivided lots will be approximately five acres in size which is generally the lot size in the area. Single family residence is proposed and this is similar to the use in the area. The substantial vegetative layer will remain. Some clearing around the house site and by the primary septic system will be done, but the remainder of the trees will remain.  Additional screening on the easement to access the lake will be installed. The wetlands are classified as Class 3, but they may be connected to Class 2 wetlands so they are being treated as Class 2 wetlands with regard to setbacks and such. The building envelopes have been decreased in size. Lot coverage is 5% in the R-3 zone. The building envelope is 20,000 s.f. so there is not much room to do more than build a house on each site.  The area will be served by municipal water and per the request of the Fire Chief an 8” water line and hydrant will be installed to better serve the entire area.  There will be an on-site septic system (state-of-the-art) and replacement system.  A turnaround on the driveway (hammerhead) will be built. Details will be worked out with the town engineer.  The clear distance to trees and power lines (16’) will be done. House numbers will be posted at the end of the driveway.  Screening and no cut zones as discussed with the Natural Resources Committee will be specified provided proper forest maintenance activity can be done. The applicant will work with a landscape architect to draft a proposal regarding cut zones (Rick Peterson suggested language be added to the deed as well). It is not certain how paths will be involved with the application.  Storm water will drain into a swale onto the north side of the easement to the lake. There will be a stone filter and distribution system before the water goes into the lake. The comments from neighbors and town staff have been addressed. Requested information will be provided.
 
Reg Gignoux suggested the applicant may want to formalize an agreement for road maintenance/snow removal when drafting deed language.
 
STAFF REPORT
The Planning Commission received a written staff report on the application, dated 3/9/06.  Dean Pierce asked about approval for the Eco-Flow biofilters in the septic system. Mr. Buehm explained the state approves the new technology on a renewable basis. It is anticipated renewal will be granted In April, 2006. If not, the necessary modifications will be made. Mr. Pierce noted information on test pits for the replacement system on Lot #2 must be addressed by Final Plan review. Mr. Buehm stated there is a test pit 25’ down the hill. The septic system area will be mowed periodically. Reg Gignoux mentioned moving the septic plots closer to the road to avoid looking so unnatural in the woods (cleared grassed rectangle in the woods). Mr. Buehm stated the setbacks must be met. Christy Blade, engineer with Engineering Adventures, further explained there are offset requirements. The leach fields are located as close to the road as allowed. Reg Gignoux asked about installing the water line on the other side of the road. Mr. Buehm again mentioned setback requirements, adding it is still being determined if the trees between the road and leach field will remain. There was further discussion of siting the houses and the leach field. The applicant noted the houses are ‘backdropped’ against the hill and trees on the hill will remain as much as possible.
 
Dean Pierce noted the statement in the staff report of the site being suitable for the proposed density should be deleted. Also, the subdivision regulations limit the length of a cul-de-sac to ten times minimum frontage. It needs to be clarified how much of a turnaround is needed by the Fire Department because there are only two houses on the cul-de-sac and the driveway is not that long.  Rick Peterson suggested a reinforced grassed area in the vicinity of the intersection of the southern driveway be done instead of a hammerhead turnaround.
 
The applicant was asked to include a building envelope on the lake lot on the site plan.
 
PUBLIC COMMENT
Doug Riley representing Sledrunner Properties reported that covenants are being drafted with Mr. Sinha to ensure the concerns of the neighbors are addressed.
 
Lee Zachery, neighbor, asked about the different size of the building envelopes. The applicant noted both building envelopes will line up with the front yard and the road so the size will be decreased.  Rick Peterson pointed out building envelope is not synonymous with clear zone.
 
There were no further comments. Chairman Peterson closed the evidentiary portion of the hearing.
 
DELIBERATION/DECISION
Preliminary Plan, Subdivision, 104 Sledrunner Road, Sinha (SUB06-01)
MOTION by Kay Kraushaar, SECOND by Tucker Holland, to approve the Preliminary Plan application submitted by Ram Sinha for the subdivision of property at 104 Sledrunner Road subject to the following conditions:
1.                                          Any Final Plan application shall include building envelopes modified to reflect setback requirements as specified in the Staff Report, dated 3/9/06, (i.e. southern boundaries moved northward to reflect southerly rather than westerly front yard setbacks and westerly boundary of the building envelope on lot #1 moved easterly to correspond with the proposed drive).
2.                                          Any Final Plan application shall contain detailed information demonstrating how the proposed development will be compatible with surrounding properties and Lake Champlain, more specifically that the plans shall designate the location of modified building envelopes, visual screening zones, and proposed “no cut” zones with specific language  regarding cutting restrictions including allowances for the cutting of diseased or damaged trees, size restrictions, and treatment of the understory, and further, visual screening plans shall contain specific provisions relating to the extent, location, type, and maintenance of supplemental plantings in areas identified by the Planning Commission.
3.                                          Any Final Plan application shall contain information regarding the regulatory designation of wetlands on the project site.
4.                                          Any Final Plan application shall contain information responding to comments made by Town staff, the Fire Chief, the Public Works Department, and the Town’s consulting Engineer.
5.                                          The application shall include all other required information identified in the Final Plan Checklist contained within the Town of Shelburne Subdivision Procedures and Application.
6.                                          Any Final Plan application shall include the proposed legal documents by which covenants agreed upon with neighboring properties will be implemented.
7.                                          Lot 1, 2, and the lake lot (parcel #5) shall not be further subdivided and a building envelope shall be depicted on the lake lot.
VOTING: unanimous (6-0); motion carried.
 
Peter Gibbs returned to the Planning Commission.
 
8.         OTHER BUSINESS, CORRESPONDENCE
Anderson (Auclair) Subdivision on Pond Road
Dean Pierce reported the Mike Anderson requested a six month extension of the Preliminary Plan application for the proposed subdivision on Pond Road. Rick Peterson recused himself from the deliberation/decision on the request.
 
MOTION by Hilda White, SECOND by Tucker Holland, to extend the deadline as requested by Michael Anderson for the proposed subdivision on Pond Road by 120 days from the expiration date of the original approval on February 25, 2006. VOTING:  unanimous (6-0); motion carried.
 
Rick Peterson returned to the Planning Commission.
 
Capital Project Prioritization
Dean Pierce reported the Design Review and Historic Preservation Committee felt a larger area should be covered with improvements, and one type of improvement should be done over a larger area. Improvements should be done in the current village center combined with the old village center followed by Route 7 north and south, then Harbor Road.  Land use priorities will be driven by projects moving forward, such as the mobile home park and the shopping center.
 
9.         ADJOURNMENT
MOTION by Reg Gignoux, SECOND by Tucker Holland, to adjourn the meeting. VOTE: unanimous (7-0); motion carried.
 
The meeting was adjourned at 10:12 p.m.
 
Minutes respectfully submitted by M.E.Riordan, Recording Secretary.

 
MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE PLANNING COMMISSION. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE COMMISSION.
TOWN OF SHELBURNE

TOWN OF SHELBURNE

PLANNING COMMISSION
MINUTES OF MEETING
MARCH 23, 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:            Larry Williams, Marge Sharp (Shelburne News).
AGENDA:
1.      Call to Order
2.      Approval of Minutes (2/9/06)
3.      Preliminary Plan Review, Willard T. Jackson, et al, 4533 & 4539 Harbor Road (SUB05-05)
4.      Other Business, Correspondence
5.      Adjournment
 
 
 

1.         CALL TO ORDER
Chairman Peterson called the meeting to order at 7:32 p.m.
 
2.         APPROVAL OF MINUTES (3/9/06)
MOTION by Reg Gignoux, SECOND by Kay Kraushaar, to approve the 3/9/06 minutes with the following corrections:
Throughout, change “Long Meadow” to “Longmeadow”;
Throughout, change “Buehm” to “Boehm”;
Throughout, change “Engineering Adventures” to “Engineering Ventures”;
Page 4, 1st paragraph, 2nd line, insert “owner” between “property” and “and”;
Page 5, Motion regarding RSM Management Services/Bruce Righi, correct voting results by striking “1 aye (Peterson)” and changing “6” to “7”;
Page 6, Staff Report, 2nd paragraph, 1st line, change “site being unsuitable” to “site perhaps being unsuitable”;
Page 6, Staff Report, 2nd paragraph, add sentence reading “The Planning Commission also discussed modifying road width requirements.”
Page 7, 2nd line, change “clear” to “no cut”.
VOTING:  unanimous (6-0); motion carried.
 
3.         PRELIMINARY PLAN REVIEW, WILLARD T. JACKSON, et al, 4533 & 4539 HARBOR ROAD (SUB05-05)
Chairman Peterson announced that the applicant has requested that the hearing be continued, owing to a snowboarding injury recently suffered by project coordinator David G. White.  Dean Pierce reported that while Mr. White did not break any bones, he is not ambulatory.
 
Tucker Holland recused himself.
 
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 April 27, 2006. VOTING:  unanimous (5-0); motion carried.
 
Tucker Holland returned to the Planning Commission.
 
4.         OTHER BUSINESS, CORRESPONDENCE
Shelburne Inn
Larry Williams addressed the Planning Commission regarding its interpretation of Redevelopment Planned Unit Development (RPUD) section of the bylaw. He also asked if the Commission might consider revisions to the RPUD section and, if so, on what schedule.
 
Chairman Peterson summarized the Planning Commission’s earlier discussion of this issue. He indicated that, in his opinion, a “knockdown-rebuild” project is inconsistent with the section as presently drafted.  He noted that elimination of non-conformities is a primary goal of land use controls. The present situation is a difficult one given the unappealing appearance of the motel building but it was understood that facade improvements to the existing structure were contemplated.  Chairman Peterson added later that the default PUD provisions exist for developers who wish to build from scratch.
 
Reg Gignoux offered that Planning Commission discussion of this issue is premature, given that the Zoning Board has not made a final decision regarding the application.  Hilda White volunteered that she believes the Planning Commission did not mean for the entire building to be torn down and rebuilt.  Reg Gignoux agreed, adding that if the entire building is demolished, a significant portion of the rebuilt structure would need to be in compliance with requirements.
 
Mr. Williams stated that if the motel building cannot be torn down and rebuilt, the renovations will be much more modest. When asked to explain, he indicated they would not include façade improvements.
 
Commenting on draft revisions prepared by Mr. Williams’ attorney, Chairman Peterson observed that the proposed language does not add much in the sense that design review approval is already a prerequisite in the Village District.  Tucker Holland offered that if the Planning Commission had been asked to authorize demolition when first developing the RPUD section, results might have been different.
 
Mr. Williams stated that he may have no alternative to petitioning a change in the zoning bylaw.  Planning Commissioners indicated that they understand why a petition might be pursued if further discussions with the Commission did not result in the RPUD amendment Mr. Williams seeks.
 
 
5.         ADJOURNMENT
MOTION by Reg Gignoux, SECOND by Hilda White, to adjourn the meeting. VOTE: unanimous (6-0); motion carried.
 
The meeting was adjourned at 8:03 p.m.
 
Minutes respectfully submitted by Dean Pierce.

January 2006
Planning Commission Minutes

February 2006
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March 2006
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April 2006
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May 2006
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June 2006
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July 2006
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August 2006
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September 2006
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October 2006
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November 2006
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December 2006
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P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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