MINUTES OF MEETING

 

MEMBERS PRESENT:       Jim Talley, Chairperson; Robert Roesler, Jane McKnight, Chris Boyd. (Absent: Bill Smith)

ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director; Chris Robinson, Wastewater Department; Joe McLean, Town Attorney; Colleen Haag, Town Clerk.

OTHERS PRESENT:            Dorothy Penar, Gillian Senior, Sherry Senior, Dick Reid, Peter Penar, John Madden Linda L’Esperance, Jeff Pauza, Patty Pauza, Dick Elkins, Fred Tiballi, Chris Davis, Ashley Matthews (Burlington Free Press; Chris Preston (Shelburne News).

 

 

Mr. Talley, Chairperson, called the meeting to order at 7:11 p.m.

 

None.

Peter Penar, George Washington University student and Shelburne resident, handed out copies of a letter to the Earl of Shelburne, UK, and an e-mail response from the Earl’s personal assistant. Mr. Penar requested that the Selectboard provide a Letter of Introduction to the Earl on behalf of Mr. Penar. Mr. Penar said that he would report back to the Board and local papers regarding discussions with the Earl during Mr. Penar’s visit.

 

Dorothy Penar, resident and VELCO Committee member, reported on concerns from residents about the recent article in the local newspapers on the proposed VELCO plan and undergrounding the transmission line near Yacht Haven. Mr. Bohne said there is nothing officially reported. In an informal conversation with Tom Dunne, it was explained that an archeological site was found during a study between Yacht Haven and the railroad. VELCO is proposing an overhead line to avoid an expensive full site dig/study. Any change in the filing provides an opportunity for public comment.

 

Dick Elkins, resident, stated the University of Massachusetts (students are conducting the preliminary dig) is looking for a site to store dirt for a dig so it appears as if a full dig may be pursued.

 

Mr. Bohne reviewed potential alternate routes of the VELCO transmission line through the northern portion of the Meach Cove property that include a wetland route through the McCabe’s Brook area and/or upland route. Topographic maps were handed out for Board review. The Public Service Board (PSB) said that an underground route did not meet the test for undue adverse impact on aesthetics rule and ordered VELCO to explore a route through the McCabe’s Brook wetland area. Mr. Talley said that VELCO’s filing to the PSB means the wetlands route most likely will not be permitted (by the ANR).

 

Jeff Pauza, resident, asked about the current time line for the portion of the VELCO line. Mr. Talley replied that construction was proposed for the first quarter of next year. The easement acquisition process has not been started yet.

 

Ms. Penar asked if anyone walked with the VELCO representatives along the wetlands. Ms. Penar said she has walked proposed routes with VELCO representatives who indicated the need to cut more trees then what seemed necessary, and this is a concern.

 

Chris Davis, Meach Cove Trust representative, explained that he has accompanied VELCO representatives on walks through the Meach Cove property. Meach Cove would like to see the line undergrounded on the higher ground and then down the cut. That would be a win-win situation. Gillian Senior, resident, asked why that could not be done. Mr. Davis replied that VELCO said they do not want to underground a line when they can string wires overhead in the area, which would be less expensive. Ms. Penar said it was unclear if the GIS mapping study program will be useful in determining if the switchback is possible as an alternative. Mr. Davis pointed out that no one has ever seen a VELCO line design. VELCO has not cut a 100’ wide path at this time. Currently, the swath is 20’ wide and there are stakes marked as a center line. There is no GPS corridor there and when asked if a GPS could be put out there VELCO said no.   

 

There was lengthy discussion regarding the proposed height of poles in the area. Mr. Bohne said theoretically the height is proposed in the 70’ range. The VELCO proposal shows a few conceptual wooden poles with a steel pole for the transition at the acute angle. The reason why VELCO is exploring the wetlands as a route is to respond to the PSB order. Neighborhood concerns include the proposed line route in close proximity to homes abutting the area. McCabe’s Brook as a wildlife area will be destroyed if VELCO cuts a 100’ wide swath through the trees. There are impacts to the aesthetics in the woodland and wetlands. John Madden said he would not let his children play in the backyard with the proposed line so close to his house.  There is concern animals will be driven from the clear cut area into the neighborhoods.  Ms. Senior explained that the area is a complete wild area between Route 7 and Lake Champlain. Mr. Talley noted as the line is laid out, it will move back about 100’. The Town is not endorsing anything. The meeting is informational in purpose.

 

Ms. Pauza expressed concern that the proposed line as it exists will be 22’ from her bedroom window on Heritage Lane, and questioned if moving the line 100’ farther away is any different safety-wise. Ms. Pauza asked about statistics showing a safe distance from a home. Mr. Talley pointed out the line on the maps and noted the line will be 200’ farther from (Ms. Pauza’s) house.

 

Mr. Talley encouraged the assemblage to send comments to the PSB and to attend PSB hearings. Any letters will be independent from the Selectboard responses.

 

Dick Reid, Harbor Crossing resident, stated that VELCO filed plans with the PSB on August 15^th and the PSB opened the plans to comment from those with party status only. The PSB does not pay much attention to letters from individuals, stated Mr. Reid.  Mr. Talley noted that the Town plan is to file comments on the August 15^th filing on 8/29/07.

Mr. Reid stressed the importance of comments on a line through the McCabe’s Brook wetlands on the record, and spoke in support of the town’s position regarding undergrounding the proposed transmission line near Limerick Road, Depot Road, Harbor Road and to the substation. VELCO will spend $250,000 to put the distribution lines underground from McCabe’s Brook north of Harbor Road. Mr. Reid opined the VELCO plan is deficient as proposed by the PSB as to where the line will go, and hoped the Selectboard will submit comment on 8/29/07. This is the ninth different plan through the Meach Cove Trust land and it does not have a design, observed Mr. Reid, adding there is no word about the aesthetic impacts of the line. VELCO will say anything to get the line built. There have been no experts, no erosion plan, no wildlife impact study, no archeological survey, and no plans for hearings, stated Mr. Reid. Mr. Talley stated the Selectboard intends to have hearings. Mr. Davis said that Meach Cove Trust is working with the Town, the Selectboard and the VELCO Committee. The Meach Cove Trust position is in agreement with many of the issues as pointed out by Mr. Reid. Meach Cove has had no opportunity to be heard about the proposed routes, especially the one through the wetlands, which is an especially bad route. Going down the hill will take out all the trees. The PSB asked the Board and VELCO to explore the lower route and “fix” some of the upper route. Meach Cove would like VELCO to be mandated to hold hearings. There is an opportunity to underground the line up by Limerick Road, but VELCO dismisses this. Mr. Roesler agreed with the statements by Mr. Reid that comments are made by those with party status, however, comments by affected neighborhoods do find their way to the PSB. Mr. Talley said comments will be forwarded by the Selectboard to the PSB as a party to the proceedings. The PBS docket number is #6860 for the Northwest Reliability Project. The Meach Cove design filing is 8/15/07 and Susan Hudson is the PBS Clerk. Mr. Reid noted comments from David Raphael, a landscape expert, were weighed by the PSB as more important than an individual’s comments. The VELCO expert said there is no undue adverse impact and that eight foot high arborvitae trees will “block” the line going up hill.

 

It was reiterated individuals impacted by the proposed alternate routes should write to the PSB. Joe McLean, Town Attorney, said that if the PSB decides to hold hearings on the McCabe’s Brook route, the PSB should give notice on the right to participate. People can contact the PSB if they want to participate. Mr. Talley stated the Town’s position is a decision cannot be made on what has been submitted which is not a “design”, to push for a public hearing, address the cost avoidance issue and deficient plans, the proximity to houses, and concern for the only wilderness area that includes bobcat habitat.

 

Ms. Senior asked for clarification of the road blocks. Mr. Talley referred to the “Quechee decision”. Mr. Reid pointed out that when the PBS issued the order to VELCO (explore a wetlands route) on Page 15 of the policy, it was not to go with undergrounding the line due to the cost. There are criteria regarding aesthetics. If VELCO and the PSB say to go above ground then this is what it will be.

 

Fred Tiballi, property owner, presented a proposal to build a fenced multi-level off-leash dog park across from Harbor Road, backing up to the Ti-Haul path and adjacent to VELCO’s existing substation. The park will be two to three acres of partly open and wooded land. Walking and exercise paths will be located through the trees. The park will be sectioned for large dogs and small dogs. The entrance to the park will be double gated with a long chute to avoid any issues with dogs getting agitated. There was discussion of parking. Mr. Tiballi said the park and a parking lot would ultimately belong to the Town. There was also discussion of the curb cut to the Ti-Haul easement, a request to have Town assistance in cutting down several 28’ tall dead pine trees, a request to the Town to consider extending Town utility services (water) to the proposed park, the park operating hours from dawn to dusk, potential rules, and a proposed charitable 501(c)(3) organization to maintain the park for the first two years. Mr. Tiballi said that he would like the Town to build a parking lot somewhere on the property, and suggested an area at the north side of McCabe’s Brook and behind the Arbor’s.

 

Dean Pierce, Town Planner, noted the proposed dog park is a permitted use in the Rural-1 zoning district. A dog kennel is a conditional use. The proposal will require site plan review and a boundary adjustment.

 

Ms. McKnight asked if the park will need to be maintained in winter. Mr. Tiballi stated the park can be used year-round, but nothing needs to be done to keep it open in winter. Mr. Bohne mentioned plowing the parking area. Mr. Tiballi suggested a kiosk in the parking lot for historical background of the Ti Haul route. Mr. Boyd said he would like to see a more detailed plan. There was discussion of scheduling a public hearing on the proposed dog park, potential dangers of having dogs off-leash, the use of volunteers to maintain order at the park, and collaborating with the Human Society to send a dog behavioralist to the park to assist owners with dog issues. Mr. Bohne noted the Town carries municipal liability insurance to cover the park use.

 

Colleen Haag asked for clarification on how to control the use of the park by Shelburne residents versus non-residents. The rabies vaccination issue is a concern. There was further discussion regarding dog parks in surrounding towns (South Burlington, Burlington, Hinesburg), cleaning up dog waste (Mr. Tiballi said the park will provide dog scooper-pooper shovels and a dog washing station with a crushed rock base), and forming a “Friends of the Dog Park” charitable organization as an advisory committee. Ms. McKnight asked if property taxes are assessed on the parcel. Mr. Tiballi stated he currently pays $1,200 on the 117 acre parcel which is conserved through the Vermont Land Trust.

 

 

Mr. Bohne stated much water flow enters the town’s waste water system through infiltration or illegal connections which impact the system and increase costs to the town. Bernie Gagnon, Public Works Director, and Dean Pierce, Town Planner, gave a presentation on the smoke testing project in the Longmeadow and Deer Run developments, evaluating and repairing manholes, camera viewing the town system, and detection of illegal connections, cross connections and breaks in the lines. Chris Robinson, Wastewater Department, explained that most of the pipes in the system are clay (five percent are plastic). Mr. Gagnon said the next step is the Shoreline Pump Station system. Mr. Bohne expressed appreciation to the Wastewater Department, noting that the department scored the best inspections in the state.

 

Mr. Talley explained the interview process to restructure the Planning Commission and Development Review Board and reviewed Title 117, 24VSA 4161. There are no State statutes regarding restrictions on how many members can serve on both boards. The Amendment Resolution adds the language that “…members can be on both…”

 

Dean Pierce explained the what, why and who of a proposed 3-D modeling project, which is an opportunity to enhance community planning, tourism, and public safety. Gary Smith wrote a proposal for small community modeling to Google. The project will utilize a team of volunteers using software to create the files used by Google and a GIS format. It is a three-month project that will start immediately if approved. Individuals and businesses have been contacted. Organizations include Shelburne Farms, Shelburne Museum, the National Museum of the Morgan Horse, Shelburne News, the Fire Department, John Adams (Zoning Coordinator) and others.  Mr. Talley said that the Fire Department completed a building survey about five years ago. Mr. Pierce said that the project will include non-residential structures (industrial, commercial or institutional). There may be a marginal increase in computer related resources/usage. There is no estimate of how large the files will be. Ms. McKnight asked who will own the project, and expressed concern that information free at this time might convert to a subscription based program later. Mr. Pierce will research the license screen and contact Gary Smith regarding the copyright.

Mr. Bohne reported the developers requested the road name of ‘Sycamore Drive’, but then filed the mylar with the road name ‘Sycamore Street’.

MOTION by Mr. Boyd, seconded by Mr. Roesler, to correct the developer’s mistake of requesting the road name of Sycamore Drive and filing the mylar road name as Sycamore Street, and to name the road as “Sycamore Street”. VOTE: unanimous (4-0); motion carried.

 

 

 

Mr. Bohne reported on the following:

 

Mr. Boyd thanked whoever mowed the strip of land located at the Route 7/Webster Road intersection.

 

Mr. Roesler encouraged volunteers to apply for the two remaining DRB openings. The Planning Commission also needs two volunteers.

MOTION by Mr. Boyd, seconded by Mr. Roesler, to adjourn the regular meeting. VOTE: unanimous (4-0); motion carried.

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