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Planning Commission Meeting Minutes - November 2006
PLANNING COMMISSION MINUTES OF MEETING NOVEMBER 9, 2006 MEMBERS PRESENT: Rick Peterson (Chairman); Claude LaPierre, Hilda White, Kay Kraushaar, Tucker Holland. (Reg Gignoux and Peter Gibbs were absent.) STAFF PRESENT: Dean Pierce, Town Planner. OTHERS PRESENT: Kate Strotmeyer, Jamie Strotmeyer, Dave Marshall, Jed Graff, Steve Vock, Patrick O’Brien, Ellen Janson, Nick Cowles, Lola Van Wagenen, Benjamin Avery, Peter Swift, Marge Sharp (Shelburne News). AGENDA:
1. CALL TO ORDER Chairman Peterson called the meeting to order at 7:30 p.m. 2. APPROVAL OF MINUTES (10/26/06) MOTION by Hilda White, SECOND by Tucker Holland, to approve the 10/26/06 minutes with the following corrections: Globally correct the spelling of “with” and “envelope”; Page 2, Sage, Motion, Condition #1 – change “replacement” to “application of” relative to the vinyl siding, and Condition #2 – replace “will be granted after” with “will be granted if”; Page 4, paragraph following motion for Gurowski regarding a lighting escrow – change to read: “Tucker Holland mentioned implementing a lighting escrow policy.”; Page 5, Other Business, Anderson, last sentence – change “100 s.f.” to “100 feet by 100 feet”. VOTING: unanimous (5-0); motion carried. 3. DESIGN REVIEW, ROBERT MACAULEY AND PAMELA BURTON-MACAULEY, 75 VILLAGE VALE DRIVE (DR06-38) Jamie Strotmeyer appeared on behalf of the application. APPLICANT COMMENTS Mr. Strotmeyer stated the property owner wants the exterior wall as high as possible to provide maximum interior room height. The orientation of the dormer on the back side of the house has also been changed. Approval from the HP&DRC has been received for the changes. STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/9/06. Hilda White stressed the plans need to reflect the actual situation (in reference to wall and roof measurements). PUBLIC COMMENT None. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Design Review, Exterior Changes, 75 Village Vale Drive, Macauley (DR06-38) MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to grant design review approval to Robert C. Macauley, Jr. and Pamela M. Burton-Macauley for design changes to the proposed dormer on property at 75 Village Vale Falls Road consistent with plan submitted to the Planning Office and approved by the HP&DRC (plans date stamped November 1, 2006) and with the condition that the previous approval granted to the construction of a new chimney shall remain in effect. VOTING: unanimous (5-0); motion carried. 4. SITE PLAN AMENDMENT, RICE LUMBER COMPANY, INC., 4188 SHELBURNE ROAD (SP04-02R1) Dave Marshall, CEA, appeared on behalf of the application. APPLICANT COMMENTS Mr. Marshall explained the application for modification to the main entrance to Rice Lumber. The reconstruction of Route 7 precluded entering via the historic entrance to the property and combined the Long Meadow entrance with the entrance to the PUD to the north of Rice Lumber. VTrans basically told the property owners to figure out a solution. The proposal is to use the new shared entrance and realign the driveway on Rice Lumber property to traverse over a small parking area and some existing green space, going between two buildings (garage and house). The shared entrance roadway will extend to Rice Woods (as the access road to Rice Woods). A Stop sign will be posted leaving Rice Lumber and a Stop sign will be posted on the access road from Rice Woods. Some landscaping is appropriate to screen the driveway on Rice Lumber property (low shrubs to screen the edge of the pavement from Route 7). There are 51 parking spaces on the site plus extra parking for trucks and delivery vehicles. Mr. Marshall submitted parking data showing 42 parking spaces. The parking will be delineated on the site plan per staff’s recommendation. No more than 45 parking spaces are expected to be needed by the use on the site. Regarding lighting, the light in the parking lot creating glare will be corrected. The lighting will be compliant with zoning regulations, stated Mr. Marshall. It was mentioned the right-of-way for the second means of access to Rice Woods needs to be reflected on the site plan. There was discussion of the house on the Rice Lumber property and proximity to the proposed driveway. It was noted the house predates zoning and is part of the larger parcel so setbacks relative to the driveway are not applicable in this case. Dave Marshall did not know for certain whether the house is occupied at this time. The Planning Commission had concern for potential conflict with the residential use and truck traffic entering the lumber yard. Fencing was discussed as a possible option to separate the house from the lumber yard. There was further discussion of landscaping. The applicant agreed to provide four foot high shrubs planted six foot on center for a distance of 40’ from the east-west shrub line and the existing parking to the north to infill existing openings on the property. Dave Marshall mentioned a portion of the lumber business extends onto the adjoining lot. Discussions are on-going internally on how to deal with this matter. STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/9/06. PUBLIC COMMENT None. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Site Plan Amendment, Driveway Changes, 4188 Shelburne Road, Rice Lumber, Inc. (SP04-02R1) MOTION by Tucker Holland, SECOND by Kay Kraushaar, to approve the site plan presented by Rice Lumber Company for 4188 Shelburne Road consistent with the plans submitted and subject to the following conditions: 1. Prior to initiating construction of the relocated roadway and parking spaces, the applicant shall obtain an Excavation and Fill permit from the Town of Shelburne. 2. Prior to the issuance of an Excavation and Fill permit, the site plan shall be modified to depict the location of all proposed parking spaces and the access drive proposed to serve the future Rice Woods residential subdivision. 3. This approval shall not relieve the applicant of responsibility to obtain any required variances from zoning bylaws. 4. All other conditions of approval not affected by this approval shall remain in effect. 5. The site plan for the project shall be modified to depict the location of the following landscaping: four foot high shrubs planted six foot on center for a distance of 40’ from the east-west shrub line and the existing parking to the north to infill existing openings on the property. 6. If not currently in compliance, all exterior site lighting shall comply with the standards contained within the Shelburne zoning bylaws within eight months of the date of this approval, however, the light referred to in the letter from William (Terry) Kennaugh, dated 11/7/06, submitted to the Planning Commission shall be adjusted downward within one month and then brought into compliance in accordance with the prior statement (i.e. brought into compliance within eight months). VOTING: unanimous (5-0); motion carried. 5. SKETCH PLAN REVIEW, VERMONT ZEN CENTER, 470 THOMAS ROAD (SUB06-11) Dave Marshall, CEA, appeared on behalf of the application. APPLICANT COMMENTS Mr. Marshall reviewed the layout of the three ‘plateaus’ which form the property. The first plateau contains the existing house. The proposal is to create a building lot on the middle plateau. The third plateau is the flood plain. There is a waste water disposal area plus a replacement area for the existing house on the second plateau. The access easement will be extended to the second lot. There will be no further development of the parcel. There was discussion of the project being a PRD. It was noted the perimeter buffer requirement would present a problem with a PRD versus a straight subdivision of the property. Further legal opinion may be needed regarding the existing building(s) being in the PRD setback. Rick Peterson commented on the odd configuration of the lots, and suggested the lot lines be reconfigured so the flood plain is contained in one lot. Jed Graff with the Zen Center stated the Zen Center only wants to create an additional building lot and does not care what the lot configuration looks like. STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/9/06. The Planning Commission discussed doing a site visit. PUBLIC COMMENT None. DELIBERATION/DECISION Sketch Plan, Subdivision, 470 Thomas Road, Vermont Zen Center (SUB06-11) MOTION by Hilda White, SECOND by Tucker Holland, to conduct a site visit on November 19, 2006 at 9 a.m. in connection with the sketch plan submitted on behalf of the Vermont Zen Center by Civil Engineering Associates. VOTING: unanimous (5-0); motion carried. MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to continue review of the sketch plan submitted on behalf of the Vermont Zen Center by Civil Engineering Associates on 12/14/06. VOTING: unanimous (5-0); motion carried. 6. PRD FINAL PLAN APPROVAL, FOREST PARK REALTY CORPORATION, THOMPSON & IRISH HILL ROAD (SUB01-07) Patrick O’Brien appeared on behalf of the application. Rick Peterson disclosed that the applicant has been working with Mr. Peterson’s employer, Vermont Land Trust. Following brief discussion, there was agreement there is no concern about conflict of interest. APPLICANT COMMENTS Patrick O’Brien stated the request for re-approval of the final plan for the PRD on Thompson and Irish Hill Road. The process to secure Act 250 approval took a long time and in the mean time the final plan approval from the Town of Shelburne expired. The only modification is that the technical changes requested by the town’s consulting engineer and the Public Works Director in February, 2006 relative to culverts and such have been incorporated in the plans. Mr. O’Brien provided the Planning Commission with copies of the Act 250 permit for the project, dated 8/28/06. Hilda White asked about the affordable housing units remaining affordable. Patrick O’Brien assured the condition of approval (that the specified units remain affordable) will be met, though at this time the mechanism for doing so is not yet determined. It is likely the affordable units will be within a tri-plex or quad-plex and will be slightly smaller in square footage and have more affordable finishes on the interior (vinyl versus ceramic tile, for example). The affordable units will be indistinguishable on the outside from the other units. Rick Peterson mentioned the past practice of the Planning Commission to request review of legal documents by the Planning Commission prior to finalizing the project. Patrick O’Brien agreed this is reasonable. There was discussion of the proposed fence on the Bean property. The applicant confirmed the fence will be installed and maintained by the homeowners association. STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/9/06. PUBLIC COMMENT None. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Final Plan, PRD, Thompson & Irish Hill Road, Forest Park Realty (SUB01-07) MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to grant Final Plan approval of the proposal by Forest Park Realty to subdivide a 65.67 acre parcel of land into a planned residential development (PRD) consisting of 27 single family lots, a single lot with 41 multi-family units, and an open space lot subject to the following conditions: 1. Prior to filing a mylar the applicant shall submit revised plans addressing any unresolved comments made by the Town Sewer, Water, Highway, and Fire departments or the Town’s consulting engineer; plans shall be modified to depict the proposed 30’ path and utility easement north of the project entrance as a floating easement per the direction of the Shelburne Neighborhood Paths Committee. 2. The applicant shall reconstruct the intersection of Irish Hill Road and Thompson Road according to the detailed plans (i.e. “squaring off” the intersection, installing lighting, building an “alternative access route”, increasing the turning radius and creating a right turn slip lane for west bound vehicles turning right on to Thompson Road, widening the gravel shoulder on the south side of Irish Hill Road, and grassing over the topsoil and seed) prior to the issuance of the first Certificate of Occupancy for the project. 3. The applicant shall complete the sidewalk improvements prior to the issuance of a Certificate of Occupancy for the first residential unit. 4. Prior to filing a mylar the applicant shall submit finalized legal documents reviewed to the satisfaction of the Town Manager and Town Attorney followed by review of the Planning Commission for the dedication and transfer of road, sewer, water, storm water improvements, for the transfer and maintenance of open space, finalized documents for maintaining the affordability of the four designated affordable housing units over time, and for the maintenance of the project’s storm water detention basins. 5. Legal documents pertaining to land to be transferred to the Town for use as open space shall recognize that: a. Members of the public will have the right to access such lands for passive recreation purposes. b. The town may exercise discretion with regard to actively managing the lands according to the management plan guidelines and may choose to manage the lands passively. c. If considering changes to the use of such lands, the Town will abide by the management plan guidelines. d. Proposed deed restrictions shall be pre-approved by the Shelburne Selectboard. 6. Prior to commencing construction, a pre-construction meeting shall be held between the developer, his engineer and contractor, and Town staff; additional meetings shall be held as requested by Town staff during construction (e.g. following large storm events). 7. Project lighting, including street lighting, shall comply with the requirements of the Shelburne zoning bylaws. 8. The applicant shall agree to phase the project build-out at an average rate of 17 units per year; limited “banking” of phased units is permissible, however, in no permit year (which starts on the date the first building permit is issued) shall building permits for more than 22 units be issued. 9. According to a schedule determined at the project’s pre-construction meeting with Town staff and well prior to the issuance of the building permit for the first residential unit, the applicant shall in coordination with the Shelburne Highway Department install new speed limit and warning signs as depicted in the submitted plans by the applicant, dated 10/4/02, stripe the portion of Irish Hill Road from Thomas Road to Spear Street with vehicle travel lanes no more than 11 (eleven) feet in width, re-stripe lanes as needed following construction of improvements at the Thomas Farm/Irish Hill Road intersection. 10. The applicant shall be responsible for widening Thompson Road to 24’ between the development access and the Irish Hill Road intersection; this work shall be complete prior to the issuance of the first Certificate of Occupancy, and furthermore, the applicant shall consult with the Town Tree Warden before cutting any mature Pine trees on the east side of Thompson Road. 11. The applicant shall provide copies of all state permits that have not been directly sent to the Town of Shelburne to insure that all approvals are consistent with local approvals. 12. The project shall comply with relevant sections of the Shelburne Public Works specifications. 13. Consistent with the PRD section of the bylaws, zoning requirements are hereby modified as follows: building coverage for single family lots is increased from 5% to 15%, building coverage for multi-family units is increased from 10% to 25%, lot coverage for the single family lots is increased from 10% to 25%, lot coverage for the multi-family units is increased to 50%. 14. Flow testing of fire hydrants and fulfillment of other fire protection related requirements shall be coordinated with the Shelburne Fire Chief; fire flow test data shall be given to the Water and Fire departments for their records. 15. A Letter of Credit or Escrow Agreement shall be established between the applicant and the Town to cover 100% of the cost of the landscaping. 16. Plans shall be revised to depict the fenced area referenced in the deed to the Town of the open space area. 17. There shall be satisfaction of Civil Engineering Associates as to requirements of the letter from Steve Vock, dated 2/5/04. 18. Prior to the issuance of the building permit for the 34th residential unit, the applicant shall complete a new traffic study analyzing the need for a left turn lane and the need for a right turn lane on Irish Hill Road at the Irish Hill Road/Thompson Road intersection; this traffic study shall be submitted to and reviewed by the Planning Commission which will determine if the applicant shall be responsible for constructing one or more turn lanes or other road improvements at the intersection before a building permit for the 35th residential unit is issued. 19. A fence shall be installed by the applicant along the boundary of the Bean property and the applicant or homeowners association shall have the duty to repair, replace, or maintain the fence and shall indemnify the Town against any responsibility for installing, repairing, replacing, or maintaining the fence. 20. The project shall conform to applicable Shelburne Public Works specifications including the development of a third party agreement to ensure construction of infrastructure. VOTING: unanimous (5-0); motion carried. 7. FINAL PLAN REVIEW, NICHOLAS COWLES, 216 ORCHARD ROAD (SUB06-05) Steve Vock, CEA, appeared on behalf of the application. APPLICANT COMMENTS Mr. Vock reviewed the proposed subdivision creating a lot of 8.32 acres with an existing residence and a lot of 83.17 acres. The site plan shows a new driveway and water line to the lot with the house. There are wetlands scattered throughout the property. The wetlands are not impacted by the proposal. No new structures are proposed. Rick Peterson mentioned the possibility of selling lot #2 and the new owners being made aware of the operation of the adjacent orchard. Mr. Vock suggested a disclosure statement, similar to “right to farm” language, could be included, and that it be made clear at the time of purchase that there is an operating orchard. STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/9/06. Dean Pierce mentioned delineation of wetlands on the lots. Steve Vock explained for the subdivision proposal what is delineated is appropriate. Every wetland on the site has not been delineated. Mr. Pierce mentioned the Shelburne Natural Resources Committee and the Paths Committee did not have any comments on the project. PUBLIC COMMENT Ellen Janson, neighbor, spoke in support of the proposal. There were no further comments. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Final Plan, Subdivision, 216 Orchard Road, Cowles (SUB06-05) MOTION by Tucker Holland, SECOND by Kay Kraushaar, to approve the Final Plan submitted by Nicholas Cowles for the subdivision of an existing approximately 91.5 acre parcel into two lots, one of 83.17 acres and one of 8.32 acres, subject to the following conditions: 1. The subdivision shall be executed consistent with the plat entitled “Subdivision Plat, Proposed Subdivision, Prepared by Civil Engineering Associates, Revised September 25, 2006.” 2. Prior to filing a mylar, plans shall be revised to address any outstanding comments made by Town staff and the Shelburne Fire Chief, including the memo to Dean Pierce from Bernie Gagnon, dated 11/6/06, specifically with reference to Item #4. 3. Prior to abandoning the existing water line and/or initiating construction of the relocated water line, the applicant shall consult with Shelburne Public Works staff. VOTING: unanimous (5-0); motion carried. 8. FINAL PLAN REVIEW, LOLA VAN WAGENEN, ORDWAY SHORE ROAD (SUB06-08) Steve Vock appeared on behalf of the application. APPLICANT COMMENTS Mr. Vock reviewed the subdivision and merger proposal to allow realignment of the roadway. With realignment, safety and drainage will be improved (storm water will now drain into the storm water drainage system). Utility lines will be buried. The road width will be 16’. The right-of-way is 50’. The existing water line will remain where it is now. The Town will have access to the line. STAFF REPORT The Planning Commission received a written staff report on the application, dated 11/9/06. Dean Pierce asked about the northern terminus of the town’s water easement. Steve Vock stated the terminus is in front of the Califano structure. The easement will not be eradicated. Hilda White asked about access to the Feldman and Fontaine lots. Steve Vock explained the access road will split off to the lots. PUBLIC COMMENT Ellen Janson, neighbor, stated she was the sole resident in the neighborhood who voted against the road realignment. Ms. Janson said she has lived in the area for 50 years when the area was a neighborhood, and hates to see the area severed by the enlargement of an estate. Ms. Janson expressed sorrow for what is being lost. There were no further comments. Chairman Peterson closed the evidentiary portion of the hearing. DELIBERATION/DECISION Final Plan, Subdivision and Merger of Lots for Road Realignment, Ordway Shore Road, Van Wagenen (SUB06-08) MOTION by Claude LaPierre, SECOND by Tucker Holland, to grant Final Plan approval for the relocation of approximately 500 feet of roadway from parcels in the Ordway Shore subdivision to land owned by Nicholas Cowles at 216 Orchard Road, and further, for the subdivision of an existing 1.1 acre parcel (formerly Califano) and subsequent merger of resulting areas with adjoining lots owned by Van Wagenen (1.2 acres located at 211 Ordway Shore Road) and Swift (2.1 acres located at 80 Ordway Shore Road) subject to the following conditions: 1. The boundary line adjustment shall be executed consistent with the plan submitted to the Planning Commission on 11/9/06 and entitled “Boundary Line Adjustment Between Properties of the 1985 Van Wagenen Family Trust and Peter D. and Deborah R. Swift” by Stuart J. Morrow, dated October, 2006. 2. Prior to filling a mylar, plans shall be revised to address any outstanding comments made by Town staff and the Shelburne Fire Chief. 3. Prior to initiating constructing of the relocated roadway, the applicant shall obtain an Excavation and Fill permit from the Town of Shelburne. 4. Construction activities shall be performed consistent with Sheet EC1, Site Details and Erosion Control Plan. VOTING: unanimous (5-0); motion carried. 9. DISCUSSION OF TOWN PLAN CHANGES Volume I The Planning Commission discussed further changes to Volume I of the Town Plan. The Town Plan along with a list of issues deemed worthy of additional discussion had been referred to the Planning Commission by the Selectboard following Selectboard hearings on the document. Comments prepared by Rick Peterson, Reg Gignoux, and Hilda White were reviewed and a consensus on changes was reached. MOTION by Hilda White, SECOND by Kay Kraushaar, to approve Volume I of the Town Plan as revised following discussion, and to forward the document to the Selectboard for consideration. VOTING: unanimous (5-0); motion carried. Volume II The Planning Commission discussed Volume II of the Town Plan, reviewing comments prepared by staff and presented in the document distributed at the start of the meeting. Along with Volume I, Volume II was referred to the Planning Commission by the Selectboard following Selectboard hearings on the document. After discussion of the changes prepared by staff, a consensus on the changes was reached. MOTION by Claude LaPierre, SECOND by Kay Kraushaar, to approve Volume II of the Town Plan as revised following discussion, and to forward the document to the Selectboard for consideration. VOTING: unanimous (4-0) [Tucker Holland not present for vote]; motion carried. 10. OTHER BUSINESS, CORRESPONDENCE None. 11. ADJOURNMENT MOTION by Hilda White, SECOND by Kay Kraushaar, to adjourn the meeting. VOTING: unanimous (4-0) [Tucker Holland not present for vote]; motion carried. The meeting was adjourned at 11:07 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 |
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