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

STAFF PRESENT:                Dean Pierce, Town Planner.

OTHERS PRESENT:            Bonnie Thomas, Kathleen O’Brien, Maureen O’Brien, Harry Clayton, Matthew Taylor, Marc Gamble, Dawna Hammers, Brenda Fernandez, Mark Naud, Alec Webb, Marge Sharp (Shelburne News).

1.      Call to Order

2.      Approval of Minutes (7/27/06)

3.      Design Review, Harry Clayton/Clayton Investments, 50 Shelburne Shopping Park (DR06-25)

4.      Design Review Continuance, Jennifer Fitzgerald/Joseph Fernandez, 9 Railroad Lane (DR05-11)

5.      Final Plan Review, John Wagner/WAG, LLC, 4592 Dorset Street (SUB05-08)

6.      Sketch Plan Review, Thomas D. Cabot, III, 2100 Harbor Road (SUB06-07)

7.      Discussion of Town Plan/Zoning Bylaw Revisions

8.      Other Business, Correspondence

9.      Adjournment

Chairman Peterson called the meeting to order at 7:30 p.m.

 

Harry Clayton appeared on behalf of the application.

 

APPLICANT COMMENTS

Harry Clayton explained the plan to combine the space occupied by Companion Hardware and The Vitamin Connection (internal changes to the building) to accommodate Aubuchon Hardware. Mr. Clayton gave a brief history of the family owned and operated business of Aubuchon Hardware (32 members of the family work for the company), noting the business will be an asset to Shelburne. There are future plans for a garden center on the north side of the building.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/10/06.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Mr. Clayton mentioned the dumpster placement for Bistro Sauce on Falls Road, suggesting the dumpster be moved to the north by the bushes. This would eliminate a potential fire hazard, open up four parking spaces, and allow trucks to access the Shelburne Shopping Park using the paved surface rather than the lawn, stated Mr. Clayton. Chairman Peterson explained an application to amend the site plan for Bistro Sauce must be filed before the Planning Commission can take action.

 

Brenda Fernandez appeared on behalf of the application.

 

APPLICANT COMMENTS

Ms. Fernandez submitted photographs showing the house, fence, deck, and plantings.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/10/06.  Dean Pierce explained the Design Review Commission came to accept the conditions of the building with the treatment as shown. Additional windows on the side were not included in the Design Review Commission’s recommendation. The fence has been installed on the western property boundary, but it is not exactly per the plans. The applicant is requesting approval as the fence presently exists. Some design review approvals were obtained and some were not, stated Mr. Pierce. A permit was not acquired for the deck. It is not certain if a permit was acquired for the changes to the house. The lack of permits was discovered during a title search on the property.  Mr. Pierce mentioned possible substitution of another type of planting for the Alberta Spruce trees. It was noted the previous owner planted Boxwoods and a Hydrangea shrub.

 

Dawna Hammers, new owner of the property, confirmed the situation with the permits was discovered at the bank closing. Ms. Hammers pledged her cooperation to the town to rectify the situation.

 

Kay Kraushaar expressed concern about the façade needing windows. Ms. Hammers assured windows will be installed when finances allow.

 

There was discussion of the previous condition relating to a fence in the back yard. Ms. Hammers indicated the fence is not necessary or desired at this time. The fence was removed from the list of approval conditions.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Trafton Crandall, engineer with Llewellyn-Howley, Inc., appeared on behalf of the application.

 

APPLICANT COMMENTS

Mr. Crandall listed the documents submitted, including email correspondence from the school superintendent, the Recreation Committee, and the Paths Committee as well as correspondence from the state regional engineer regarding the waste water design application and the storm water permit application. The approved application for the road name (“Sutton Farm Drive”) was also submitted.  Mr. Crandall noted the school superintendent and the recreation director indicated the proposed development will not have a significant impact on schools or the recreation program. The Paths Committee indicated an easement for a bike or recreation path will not be sought due to the width of the existing right-of-way on Dorset Street.  Mr. Crandall stated comments from the town’s consulting engineer (letter from Jonathan Ashley, dated 8/8/06) have been or will be addressed.  The comments pertain to the waste water system as well as labeling and typographical corrections on the site plans.  Letters from the Shelburne Fire Chief and Public Works Director confirm their comments have been addressed. Mr. Crandall stated the building envelopes have been modified on lots #5 & #6, pulled forward on lot #4, and made slightly smaller on lot #8. Only a replacement waste water area is shown for lot #8 because there is an existing, functioning septic system for the existing building on the lot.  The replacement area for lot #8 has an easement that intrudes slightly on lot #1 and the area on lot#1 slightly intrudes on lot #8, but the five acre minimum requirement is met in both cases.  There is “Right to Farm” language in the Declarations for the homeowners association. There is also language addressing use of the open lot (lot #7) for easement purposes and agricultural activities including grazing of animals. The land can be used for noncommercial recreation, educational purposes, and open space.  The language also indicates there will be no further development of lot #7 and the land will be maintained as open space. A multipurpose sewer waste water and storm water facilities agreement between the homeowners association and the town to allow the town to enter the property and maintain the facilities if necessary at the expense of the homeowners association is included in the attachments.  The road has been narrowed to 18’ of pavement with three foot shoulders on each side. The gravel base extends to the edge of the shoulders. The site plan will be modified to indicate turf finish. The private road will be paved per town requirements. The landscape plan as proposed is acceptable to the neighbors, continued Mr. Crandall. The agreement for well yield has been signed by John Wagner and presented to the Garritano family for acceptance. The document has not yet been returned by the Garritanos.

 

There was discussion of the locations of tree cutting restrictions. It was clarified there are restrictions on the western and northern boundaries (only dead or downed trees can be cut). There was discussion of a no cut restriction on the southern boundary and it was decided not having a restriction may allow for more flexibility for agricultural use of the land.

 

John Wagner commented the well shields are a non-issue at this point since the shields have been adjusted and no longer cross the property line. Mr. Wagner also noted the landscaping will be put in place as soon as possible per the request by the Garritanos.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/10/06.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Steve Vock, Civil Engineering Associates, appeared on behalf of the application. Tucker Holland announced he is a neighbor to the property, but this will not influence his review and decision on the project. There were no objections to Mr. Holland remaining on the Planning Commission to hear the application.

 

APPLICANT COMMENTS

Mr. Vock explained the proposal for a six-lot subdivision of approximately 152 acres bordering Bay Road and Harbor Road. There are two existing structures on the property, a studio and a foundation. There are two wells serving the existing structures though municipal water service runs across the property. The property owner is indifferent as to having wells for the houses in the subdivision or connecting to the municipal water system. The issue is still being discussed, stated Mr. Vock. The Shelburne Fire Chief requested information on road width, turnarounds (hammerhead turnaround), and a hydrant at the emergency access. The information will be provided.  There is a community waste water area and two existing septic systems.  Though the subdivided lots will be large, the houses will be clustered in the wooded area so they are screened from view. Much thought has gone into the location of the house sites and the natural conditions on the property, stressed Mr. Vock.  There is an existing road network so there will be only a small net increase in roadway on the property. The property owner is seeking a standard subdivision though the proposal gives the appearance of a PRD. The owner is willing to group the building envelopes and restrict other areas to keep the surrounding land open.  The property owner would like to graze cattle on the land.

 

Hilda White asked if there will be a house or mini-farm on the northern most lot. Mr. Vock confirmed there is a building envelope shown north of the waste water area. It is not known at this time what restrictions the owner may want on the land. Some of the lots will remain in Mr. Cabot’s possession.  Ms. White expressed concern about keeping the meadows open as meadow with four different property owners being involved. There is also concern about a barn and associated structures (i.e. riding ring) on each of the lots. Mr. Vock assured the building envelopes are very restrictive.  Tucker Holland observed it is expected Mr. Cabot will likely do more of the same of what was done with the Bayview properties (have legal mechanisms in place to preserve the open land). Mr. Vock stated the matter of restrictions and protection of the open land will be discussed further with the property owner. Kay Kraushaar asked about considering a PRD which could guarantee the meadows will be open space.  Mr. Vock assured the buyers of the lots will want the open meadows. The open space has been achieved by clustering the building envelopes. Designating the development as a PRD has a significant impact on the marketability of the lots. The property owner specifically wanted a standard subdivision of the land, stated Mr. Vock.

 

Tucker Holland asked how having livestock on land that crosses several property lines will work. Mr. Vock conceded the fencing that is being installed is new to the plan, but if Mr. Cabot is investing in the operation, it will not be short term.

 

Rick Peterson asked about reference to a recreation path. Mr. Vock pointed out a recreation path meanders through the parcel, and along Harbor Road and Bay Road the fencing has been pulled back in consideration of a path corridor.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/10/06. The Planning Commission mentioned doing a site visit.

 

PUBLIC COMMENT

Alec Webb, Shelburne Farm, mentioned the effort by Shelburne Farm to conserve the entrance area by the north gate, and confirmed Tom Cabot’s interested in conserving the open meadows. There will likely be restrictions on each lot, but perhaps a gentleman’s farm or horses will be allowed, commented Mr. Webb, adding there may be fence divisions along property lines, but that is typical of land divisions in the past.

 

DELIBERATION/DECISION

 

The Planning Commission scheduled a work session at 7 p.m. on 8/31/06 to discuss the zoning bylaw revisions. It was noted the Selectboard’s work on the Town Plan is not yet complete.

 

Comments from individuals on zoning changes were given to the Planning Commission.

 

Mark Naud reiterated his request for the zoning change on the Northern Vermont property west of Harbour Industries to be moved forward following two years since the original petition was submitted. Mr. Naud noted since August 12, 2004 when their petition was submitted there have been two other zoning petitions considered and acted upon by the Planning Commission. Mr. Naud spoke in support of the Planning Commission handling non-controversial zoning changes expediently, noting there were no objections to his proposal to change the zoning on his parcel.  There was discussion of the significant impact of the VELCO line on Mr. Naud’s property.

 

The Planning Commission acknowledged Mr. Naud’s patience and cooperation.

 

Dean Pierce reported there is space for a display by the Planning Commission. Members are urged to staff the booth and attend the Shelburne Day event.

 

It was noted drawings by Claude LaPierre’s sons are included in the recent publication of PC Journal.

 

 

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

 

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

STAFF PRESENT:                Dean Pierce, Town Planner.

OTHERS PRESENT:            Mary O’Brien, Peter Swift, Marcel Beaudin, Steve Vock, Rebecca Gamble, James Gears, Virginia Rowland, Lola Van Wagenen, George Mivoill, Nicholas Cowles, David Webster, Dennis Sanders, Marge Sharp (Shelburne News).

1.      Call to Order

2.      Approval of Minutes (8/10/06)

3.      Design Review, Town of Shelburne (Pierson Building), 54 Falls Road (DR06-28)

4.      Sketch Plan Review Continuance, Thomas D. Cabot, III, 2100 Harbor Road (SUB06-07)

5.      Final Plan Review, Randolph Rowland/James & Sue Gears, 888 Pond Road & 724 Pond Road (SUB06-02)

6.      Sketch Plan Review, Lola Van Wagenen, Ordway Shore Road (SUB06-08)

7.      Site Plan Review, Joiner Valley Partners, LLC, 29 Harbor Road (SP06-07)

8.      Other Business, Correspondence

9.      Adjournment

Chairman Peterson called the meeting to order at 7:32 p.m.

 

No one appeared on behalf of the application. Samples of the roof shingles were shown.

 

APPLICANT COMMENTS

None.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/24/06. Dean Pierce reported the roof repair application was approved by the HP&DRC.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Steve Vock appeared on behalf of the application.

 

APPLICANT COMMENTS

Mr. Vock reported the site walk confirmed the house sites are fairly secluded and the open meadow is important to protect. The intent is not to “chop up” the meadow though it is not unusual to have areas partitioned off. It is feasible that in the future there may be cattle on the land. Mr. Vock assured there will be language to protect the area; language either in the deeds, the covenants, or easements.

 

Reg Gignoux asked for further explanation of the impact on marketability by doing the development as a PRD. Steve Vock explained according to realtors large individual parcels/lots are more saleable than housing lots and a separate preserved area.  Also, the property owner wanted to maintain the proposed density.  It is believed the objective of the land use wanted by the owner, Shelburne Farms, and the town can be achieved. Mr. Gignoux expressed concern about a multitude of “farmettes” becoming a reality in Shelburne.

 

Steve Vock mentioned an important consideration for the project in light of agreeing to no further subdivision of the land is allowing a caretaker’s house or guest quarters without requiring further subdivision of a lot. Mr. Vock requested there be further discussion of this matter.

 

Peter Gibbs asked about the common septic system and wells. Mr. Vock stated there will be six lots sharing one community system. There are two existing wells and one new well proposed. Two to three lots will likely utilize town water service. Electric lines will be underground. Mr. Gibbs asked about the gate on Bay Road for emergency access. Mr. Vock stated the access will remain gated. The Fire Chief asked that a hydrant be located by the access on Bay Road. Mr. Gibbs asked about the status of the quarry. Mr. Vock replied the stone quarry is a great asset with very desirable rock. Permission will be sought to do additional quarrying. The area will be restored to a position of being buildable (more consistent topography).

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/24/06.  Receipt of an email from Rob Donahue, Shelburne Paths Committee, was noted.  Steve Vock assured Mr. Cabot is anticipating working with the town on pedestrian easements along the perimeter of the property. It was noted the project does not need an Act 250 permit. Dean Pierce mentioned the field divided by the fence is on the Significant Views Map. Also, the archeological map indicates there is potential for a significant find, not a certainty. Regarding staff quarters or a guest house, current language in the regulations indicates staff quarters can be created or a detached guest house no larger than 1,500 s.f. can be built without further subdivision if there is not an existing accessory apartment.

 

Mr. Pierce asked about the size of the building envelopes. Mr. Vock stated the location of the building envelopes is still to be finalized. The intent is to keep the lots very private and the building envelope size controlled. Further details will be presented at the next level of review.

 

PUBLIC COMMENT

Becky Gamble, Turkey Ridge, spoke in support of smaller parcels of land to be maintained by each individual lot owner, noting if her lot contained more land she would likely not have made the purchase. Ms. Gamble expressed concern about the acres of fencing installed in the last few weeks and the possibility of further partitioning of the meadow.

 

There were no further comments. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

James Gears and Virginia Rowland appeared on behalf of the application.

 

APPLICANT COMMENTS

There were no comments from the applicant on the proposed boundary adjustment.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/24/06.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Steve Vock, Civil Engineering Associates, appeared on behalf of the application.

 

APPLICANT COMMENTS

Mr. Vock mentioned past efforts to make safe access and improve drainage on Ordway Shore Road. With the availability of the Califano property, there is opportunity to realign the road and improve drainage. The house has been removed from the former Califano property, and the parcel will be merged with the adjoining lots. The application is actually a boundary adjustment rather than a subdivision. The power and telephone lines will be buried underground. The homeowners association is responsible for the roadway.

 

Reg Gignoux questioned the 60’ width of the right-of-way. Steve Vock stated all drainage will be included in the right-of-way, though the width could probably be reduced. Mr. Vock will further investigate this matter.

 

Peter Gibbs asked if there is a right-of-way across the Feldman lot to access the Fontaine lot. Steve Vock stated another right-of-way or easement will be needed to allow access. Part of the old road and part of the new drive will be used. The old road will be returned to grass.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/24/06. Dean Pierce mentioned the subdivision classification is based on the number of properties involved (at least four). Rick Peterson noted receipt of a letter from Steve Unsworth, president of the homeowners association, affirming the association is supportive of the proposal. Chairman Peterson pointed out the lots are less than five acres in size. The proposal is eliminating one non-conforming lot and making two non-conforming lots less so. Following discussion, the Planning Commission felt it prudent to be pragmatic in this case. The Planning Commission discussed the subdivision classification (minor or major) and agreed the application is a minor subdivision.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Marcel Beaudin appeared on behalf of the application. Reg Gignoux recused himself.

 

APPLICANT COMMENTS

Mr. Beaudin explained the plan to add 203 s.f. of office space to the existing house when the foundation is replaced. In the carriage house, the office area will be extended to the second floor. Seventeen parking spaces are required according to the regulations. Fourteen spaces are shown on the site plan. A waiver is requested for three parking spaces. Parking at the site has not been problematic to date and the use on the site is not changing. There will essentially be office use in both buildings (the groups presently occupying the office space in the main house are associated with each other).  The office use in the carriage house will not generate traffic to compound use of the space. The Design Review Committee has requested architectural details for the structures. The front entrance of the main building will be changed somewhat (one entrance will be eliminated, a window added, changes to the porch). The rear entrance will be maintained.

 

STAFF REPORT

The Planning Commission received a written staff report on the application, dated 8/24/06. Dean Pierce noted previously there was a condition that limited the amount of on-site parking. It is not known why the Zoning Board removed the condition. The Planning Commission can waive the parking requirement. Professional office space does involve some turnover and there is parking in the vicinity so a waiver could be justified. Mr. Pierce cautioned a future owner could fill the space with a use and higher demand for parking.

 

Rick Peterson asked about additional landscaping. The applicant noted the existing 6” Maple tree will be relocated to the north end of the parking area.  Chairman Peterson asked about changes to lighting. Mr. Beaudin stated no changes are planned. The carriage house has a porch light. There is no outside lighting, but there will be a light at the rear entrance. A canopy will be added over the back entrance of the main house to protect the stoop. There will likely be a recessed light in the entry way. The applicant was reminded all lighting must comply with existing town standards.

 

Dean Pierce noted the Planning Commission can ask about site circulation and interaction with adjoining streets. Mr. Pierce asked if there is any indication of appointment times. Marcel Beaudin stated it is likely appointments will be outside of peak hour traffic times.

 

PUBLIC COMMENT

None. Chairman Peterson closed the evidentiary portion of the hearing.

 

DELIBERATION/DECISION

 

Reg Gignoux returned to the Planning Commission.

 

The Planning Commission received information on the following:

·        Update on status of the Town Plan hearings.

·        List of items for possible planning grant application.

·        Note on the Regional Planning Commission’s effort to update the build-out analysis (advising use of an updated version of Community-Viz).

·        Proceeding with update of the zoning regulations (handling non-controversial, statutory items first, then controversial items).

·        Outline of situations highlighting controversial zoning regulations that need to be updated is forthcoming.

·        Public comments on zoning changes relative to age limit (55 years) and fleet fueling.

·        Work session scheduled for 8/31/06, 7 p.m.

·        Town of Essex and Town of Williston to host talks on various planning topics.

·        VELCO updates to be forwarded to the Planning Commission.

·        Regional Planning is reviewing the planning process in South Burlington. Shelburne needs a representative on the Regional Planning Commission.

·        Brief from the developer of the Rice Woods project.

 

 

The meeting was adjourned at 9:50 p.m.