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minutes

May 2008

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE SELECTBOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

TOWN OF SHELBURNE

SELECTBOARD

MINUTES OF MEETING

MAY 13, 2008
MEMBERS PRESENT:       Jim Talley (Chairperson); Robert Roesler, Bill Smith, Tim Pudvar, Jane McKnight.
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director.
OTHERS PRESENT:            Tim Loucks, Sandra Lawrence, Linda Letournau, Yves Bradley, Charlie Benvoette, Jessica Frank, Corey Beach, Steve Antinozzi, Gregg Beldock, David Webster, Joan Lenes, Joyce Errecart, Reg Gignoux, Gwen Webster, Bonnie Caldwell, Dorothea Penar, Andrew Welkind, Dick Elkins, James Bahrenburg, Kevin Clayton, Chris Neme, Hilda White, Ed Bolton, Jeff Jackson, Bruce Beeken, Brian Precourt, Phil Carleton, Vickie Carleton, Richard Williams, Cheryl Roberts, John DuBrul, III, Jeremy Matosky, Peter Ziwk, Peter Gibbs, Terry Kennaugh, Mary Jarrett, Tucker Holland, Kay Kraushaar, Fred Koch, Ethan Mick, Charlie Brush, Chris Preston (Shelburne News).
 

6:00 p.m. Executive Session – Real Estate Negotiations
 
1.         CALL TO ORDER (regular meeting)
Mr. Talley called the regular meeting to order at 7:12 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes to the published agenda.
 
3.         CITIZEN PARTICIPATION
Parking in village
Kevin Clayton, resident, spoke in favor of public parking signs in the village center for visitors, citizens and businesses. The railroad station parking lot could be used, suggested Mr. Clayton. Mr. Bohne explained that the state will not allow parking signs on Route 7 which is a state highway. The Town has approached the state regarding parking at the railroad lot, but there has been no follow-up. Ms. McKnight noted VTrans provides directional signs on Route 7 for a fee of $60 per sign. Ms. McKnight will forward the VTrans contact information to Mr. Clayton.
 
Vehicles for sale parked on Church Street
Terry Kennaugh, resident, expressed concern regarding cars for private sale parked overnight on Church Street. Mr. Talley stated there is a town ordinance to control parking. Mr. Bohne stated that while staff has used the Zoning Bylaws with some success, the Bylaws were not specific to that issue.  Mr. Bohne said that an amendment to the Parking Ordinance could be used if the Board felt this was an issue.
 
 
Zoning
Bruce Beeken, Historic Preservation and Design Review Commission, said that in recognition of potential zoning changes the Historic Preservation and Design Review Commission is willing to work with other commissions relative to village center projects where design input would be helpful.
 
Webster Road Bike Path
Ed Bolton, Acorn Lane, addressed the Board regarding the Webster Road bike path and the letter from the Town Manager published in the Shelburne News regarding the conceptual design phase of the project. Mr. Bolton spoke in support of a bike path, but not the path being 10’ in width. There is concern mature trees will have to be removed to accommodate a 10’ wide path and it will take 50 to 100 years for replacement trees to mature. The Koch house should be moved back and the path should be reduced to eight feet in width or less.  Mr. Bolton asked how and when the Shelburne paths will connect to the South Burlington paths. Fred Koch, Webster Road, pointed out a 10’wide path is almost half the width of the existing roadway.
 
4.         PUBLIC HEARING: CONSIDER AMENDING TOWN PLAN BY CORRECTING AN ERROR IN THE FUTURE LAND USE MAP AND RECLASSIFYING ONE LOT ON NORTHSIDE DRIVE
Dean Pierce, Town Planner, introduced Tucker Holland, Chairman of the Shelburne Planning Commission, and Reg Gignoux, Chairman of the Shelburne Development Review Board. Mr. Pierce explained the proposed amendment to the Town Plan to correct an error involving the Farrell parcel and a request to reclassify Lot 9 of the Pizzagalli subdivision to residential versus commercial.
 
MOTION by Mr. Roesler, seconded by Ms. McKnight, to correct an error in the Future Land Use Map to reclassify the Farrell parcel from commercial to residential. VOTE: unanimous (5-0); motion carried.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to reclassify Lot 9 located on Northside Drive in the Pizzagalli subdivision from commercial to residential.. VOTE: 4 ayes, 1 nay (Ms. McKnight); motion carried.
 
5.         PUBLIC HEARING: CONSIDER AMENDING THE ZONING BYLAWS
It was noted the Town Attorney has not completed review of the proposed zoning bylaw amendments.  The Board reviewed the zoning bylaws, article by article, as follows:
  • Article 1, Purpose – There were no comments.
  • Article 2, Zoning District definitions - Mr. Talley suggested bracketing Table II footnotes in parentheses.
  • Article 3, Rural District - There was discussion regarding proposed new uses in the Rural District which included accessory apartments (zoning language was changed to match the state rules), staff quarters versus accessory apartments (Shelburne has estate-type properties that may have caretakers/employees versus farm workers which would not mandate that such properties have to be subdivided), and that occupants of an accessory apartment do not need to be a relative of the property owner, but a property owner must occupy either the main residence or the accessory apartment. Jeff Jackson, resident, pointed out the Town Plan includes language related to a variety of housing and quality of life issues. In Section 340, Planned Unit Development, the language takes away variety and is restrictive. Cluster density seems contrary to quality of life; that requirement should be stricken. Also, the format presented is hard to follow with regard to what is new, added or deleted. A side-by-side comparison would be easier to understand. Mr. Jackson showed a copy of the former Lake Shore regulations and a copy of the amended Lake Shore regulations, noting the numerous new additions as highlighted in yellow. It was mentioned that a PUD with more than a three unit development will remove choice for those who want a larger lot.
  • Article 4, R-2 District - There was lengthy discussion regarding proposed new permitted uses (Section 620.6 and 620.7), farm produce/markets, garden centers, nurseries, a request to retain integrated agricultural uses, and a suggestion to require new homes built to Energy Star standards. Chris Neme offered assistance to anyone interested in energy star certification.
  • Article V, Watershed Overlay District - There were no comments.
  • Article VI, Village Residential District - There was discussion regarding uses, specifically Section 620.3, Bed and Breakfast use limited to two bedrooms (limited to protect neighbors).
  • Article VII, Museum District – There was a question as to why rooming houses were not allowed in other districts and how a rooming house differed from a Bed and Breakfast (the Museum historical nature may be more commercial).
  • Article VIII, Village Center - Dorothea Penar noted the design review district boundaries have not been reviewed. Concerns include PUD and bonus credits, such as in Section 8.1.3, exceptional design. Other concerns expressed include height restrictions, Section 830.4, relative to a 45’ building height as defined. There is a question if the Village Center, which is an historic district, is the correct district in which to locate the tallest buildings. Current height maximum is 35’ at the peak, and gabled buildings. Because of the method for measuring height, a 45’ tall building could have potential for 55’ in height. There was a request to have the Planning Commission float a series of balloons along Route 7 to show the affect of a tall building in the Village Center. Screening tall buildings from Route 7 is another issue. There is need for work force housing in Shelburne that could be encouraged with a 50 percent density bonus for mixed income housing that meets the state definition.
 
There was further discussion of public concerns that included a vision of the town relative to affordable housing and density in the “downtown” area that might impact the Shelburnewood Mobile Home Park, concerns that the village center has been divided up and that zoning regulations should provide a framework for the DRB and Planning Commission, concern for height limits over the current 35’ maximum, and a Village Center that is walkable, sustainable, and affordable (housing less than $200,000-$250,000). Ms. McKnight asked if a logical consequence of density for elderly housing meant there would be more elderly housing provided versus single family housing. Ms. McKnight questioned why affordable housing for other age groups is not being built. There was discussion of the additional costs to housing construction (including $6,000 in permitting costs). a philosophy of mixed uses built into the Town Plan, the strong demand for senior housing units (Charlie Brush said that two new units of senior housing will free up one affordable unit without constructing a new unit) and that senior housing is constructed on the outskirts of the town versus integrating senior units with a socio-mix in the village area. David Webster opined there can be smart growth that is not dense and which maintains the historic aesthetics and character of the village center. A four or five story building is not maintaining the characteristics of the village.
 
MOTION by Mr. Roesler, seconded by Ms. McKnight, to continue the public hearing to consider amending the Zoning Bylaws to May 27, 2008.
DISCUSSION: A question was asked as to where in the process the Town is relative to interim zoning and if there is opportunity to make changes.  Mr. Talley explained that the Planning Commission sent the amended zoning bylaws to the Selectboard for review.  Minor changes can be made, but if substantive changes are made, the document would be sent back to the Planning Commission for comments.  Mr. Pierce clarified if the changes are substantive then there would be further public hearings. Ultimately the Selectboard makes the decision to adopt the amended bylaws.
VOTE: unanimous (5-0); motion carried.
 
6.         CONSIDER FINAL APPROVAL TO BEGIN CONSTRUCTION OF THE SPEAR STREET BIKE LANES BETWEEN BISHOP ROAD AND IRISH HILL ROAD
Mr. Talley explained the Spear Street/Bishop Road to Irish Hill Road bike lanes are a limited project funded as a Highway Department budget line item. Bernie Gagnon, Public Works Director, explained four feet of asphalt will be added to widen the shoulder on the east and west sides of Irish Hill Road to Bishop Road.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to grant final approval to begin construction of the Spear Street bike lanes between Bishop Road and Irish Hill Road on the east and west side of the roadway as presented.
DISCUSSION: Ed Bolton, resident, assumed the plan for the section on Spear Street is similar to the South Burlington bike path at the town line so there will be no varying widths. Mr. Talley replied there will be a mirror lane on both the east and west sides of the roadway. Bonnie Caldwell, resident, stated that the bike lane on Spear Street and the Webster Road path will impact her property located at the corner of both roads. The letter from the town which was sent to residents was confusing. People have not been properly informed about what is happening. Also, Selectboard agendas are not posted on the Town website in a timely manner. Ms. Caldwell asked when the Selectboard will discuss the other path projects.  Mr. Talley explained the order of projects as Spear Street, Mt. Philo, then Webster Road. There will be no details on the Harbor Road project for the next year or two. The projects were bundled for the purpose of funding at Town Meeting. There is $1.1 million for the projects, but a practical design is necessary or the path will not get built or bonded. Andrew Welkind, resident, reiterated concerns expressed at the 04/22/2008 Selectboard meeting relative to Article VIII at Town Meeting and the Spear Street bike lanes. It was said that the comments made by Mr. Talley at Town Meeting were Mr. Talley’s opinion, and not the Board’s point of view. Regarding the bike path design, there has been no time frame given for the public hearing process. Mr. Talley explained that in terms of local governance, the Selectboard Chairperson has no more authority than the other Board members. The chairperson’s role is for the convenience of running a meeting. Mr. Talley stated there are occasions when there is not opportunity to vet a topic with other Board members and the chairperson must take a leadership position to make something happen. The townspeople said clearly at Town Meeting that they wanted to see the projects happen. As the projects mature the Board will vote on each one individually and judge them on their own merits. The Board has not voted to construct any of the four projects. Ms. McKnight watched the Town Meeting video tape and gave a true recounting that Mr. Talley spoke for himself. Regarding public notification and a time line, the Board is waiting for a grant application for the Mt. Philo sidewalk (due June 6th) that the Public Works Director will bring to the Board for approval at the May 27th meeting. Mr. Bohne stated the next step with the Spear Street bike lane is to meet with property owners. A bond application is being prepared at this time. The only project which may be ready in June is Spear Street. The bond bank needs to know how much to sell, which is done one time a year in July. The Webster Road path is still at conceptual design.  A motion by Ms. McKnight was made at the 11/27/2007 Board meeting to approve a report by Dubois and King and that motion included several contingencies including one for the Koch house. To date no one has come to the Board with solutions. The bike path is in conceptual review only. The Town is still digesting input from the public and the state on the conceptual plan. The next phase will be a preliminary plan review. Mr. Roesler stated staff will talk to the Koch family and present options, then there will be public discussion. Mr. Talley stated Selectboard meeting agendas are posted by Friday before the meeting. Mr. Welkind suggested posting warned meetings in the Shelburne News. Mr. Bohne stated there is an e-mail list for people who want to receive the agenda. Mr. Pudvar asked if there are issues as a result of the letter from the town. Mr. Gagnon replied there are none. There were no further comments.
VOTE: unanimous (5-0); motion carried.
 
7.         CONSIDER APPROVING AN AMENDED ACCESS EASEMENT ACROSS TOWN LAND FOR TIMOTHY LOUCKS AT 1141 FALLS ROAD
Tim Loucks reviewed a site plan of his property and noted he is seeking modification to an existing easement to improve a wood road. The modification was discussed with the Natural Resources Committee. Mr. Roesler made a motion to amend the access easement across town land per the request of Tim Loucks, 1141 Falls Road. The motion was not seconded. Paul Bohne explained concerns by the Natural Resources Committee that could be included in the amended easement language limiting the right-of-way to serving the Loucks lot. Mr. Roesler withdrew his motion.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to authorize the Town Manager to work with the Town Attorney and the Natural Resources Committee to execute modification of an access easement and whatever is needed to maintain stability of the bank.
DISCUSSION: Mr. Bohne noted there is an existing easement over town land.  Mr. Talley asked that the Natural Resources Committee be kept in the loop. Ms. McKnight asked if there is potential to subdivide the lot. Mr. Loucks explained the 1.2-acre lot already has a house at the front of the lot. The remainder of the parcel is heavily wooded. The Natural Resources Committee wanted assurances there would be no encroachment on the natural preserve.  Mr. Loucks stated he has no intention to subdivide the lot.
VOTE: unanimous (5-0); motion carried.
 
8.         CONSIDER REQUEST BY LAKE CHAMPLAIN TRANSPORTATION COMPANY FOR SEWER ALLOCATION AT 3310 SHELBURNE ROAD (FORMERLY DEXTER SHOES) IN THE AMOUNT OF 84 GALLONS PER DAY
MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve the additional sewer allocation for the former Dexter Shoes at 3310 Shelburne Road in the amount of 84 gpd by Lake Champlain Transportation Company as presented. VOTE: unanimous (5-0); motion carried.
 
9.         CONSIDER REQUESTS FOR LIQUOR LICENSES FOR THE DUTCH MILL RESTAURANT AND MJ’S SPORTS CAFE
The Selectboard signed the Liquor License documents as presented.
 
10.       CONSIDER AUTHORIZING MEMBERSHIP IN THE VERMONT INTRASTATE MUTUAL AID AND ASSISTANCE AGREEMENT FOR WATER AND WASTEWATER UTILITIES
Mr. Bohne noted that a Vermont Intrastate Mutual Aid and Assistance Agreement for Water and Wastewater Utilities was spearheaded by Dick Pratt, Champlain Water Board. The agreement sets guidelines/standards for mutual aid in case of a disaster.
 
MOTION by Mr. Roesler, seconded by Mr. Pudvar, to authorize membership in the Vermont Intrastate Mutual Aid and Assistance Agreement for Water and Wastewater Utilities. VOTE: unanimous (5-0); motion carried.
 
11.              CONSIDER APPROVING THE MINUTES OF APRIL 22, 2008
MOTION by Mr. Roesler, seconded by Mr. Smith, to approve the minutes of 04/22/2008 with the following correction:
Page 1, CALL TO ORDER – note that Mr. Roesler, Acting Chairperson, called the meeting to order.
VOTE: unanimous (5-0); motion carried.
 
12.       MANAGER’S REPORT
Mr. Bohne reported on the following:
  • Staff discussed signage on Rte. 7 for the Bay Road overpass. An existing sign will be relocated in front of trees on Route 7. The relocated sign will have a Bay Road sign on the same assembly, and the State will “gate” a sign in the median noting the 11’ height. The State will “gate” an existing low underpass sign on the northbound lane and install a sign on the left side median. It could be two to three months for the installations.
  • VELCO and ECI requested closing Bay Road at the underpass for two days, June 15th and a later date, for duct bank installation. A formal request will be presented. VELCO will blast ledge south of Bay Road sometime this week.
 
13.       MEMBER’S CONCERNS
Mr. Talley reported a letter was received from the VNA regarding an annual donation.
A CCRPC letter was received announcing Charlie Baker as the new Executive Director. VELCO has filed a notice with the PSB to do a temporary pole location along the railroad by the duct bank work.
 
14.       EXECUTIVE SESSION and ADJOURNMENT
MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the regular meeting and enter Executive Session for the purpose of real estate negotiations, and to invite the Town Manager to attend. VOTE: unanimous (5-0); motion carried.
 
The regular meeting was adjourned and Executive Session convened at 10:10 p.m.
 
MOTION by Mr. Roesler, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.
 
The meeting adjourned at 10:30 p.m.
 
RScty: KFurr
 
 
Accepted,
 
 
Jim Talley, Chair
For the Shelburne Selectboard
 
 
 

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

SELECTBOARD

MINUTES OF MEETING

MAY 27, 2008
MEMBERS PRESENT:       Robert Roesler, Acting Chairperson; Bill Smith, Tim Pudvar, Jane McKnight. (Absent: Jim Talley.)
ADMINISTRATION:           Paul Bohne, Town Manager; Peter Frankenburg, Financial Officer; Dean Pierce, Town Planner; Bernie Gagnon, Public Works Director.
OTHERS PRESENT:            Tom Koerner, Pat Lawrence, Sandra Lawrence, Linda Letournau, Peter Gibbs, John Giebink, Sharon Barton, James Bissonette, Charles Bissonette, Ernest Marcelino, Janet Marcelino, Yves Bradley, Corey Beach, Gregg Beldock, David Webster, Joan Lenes, Joyce Errecart, Gwen Webster, Dick Elkins, James Bahrenburg, Chris Neme, Jeff Jackson, Bruce Beeken, Brian Precourt, Richard Williams, Cheryl Roberts, John DuBrul, III, Jeremy Matosky, Peter Zuk, Tucker Holland, Kay Kraushaar, Charlie Brush, Maria Horn, Mary Brush, Craig Smith, Paul Growald, Jay Carroll, Jim Carroll, Chris Robinson, Peter Eliai, Garret Mott, Justin Dextradow, Greg Brown, Megan Cross, Linda Goodrich, Wendi Turner, Chris Preston (Shelburne News), and others.
 


1.         CALL TO ORDER
Mr. Roesler, Acting Chairperson, called the meeting to order at 7:04 p.m.
 
2.         APPROVAL OF AGENDA
There were no changes.
 
3.         CITIZEN PARTICIPATION
There were no comments from the public at this time.
 
4.         CONTINUATION OF THE PUBLIC HEARING TO CONSIDER AMENDING THE ZONING BYLAWS
The Board continued review of the proposed amended zoning bylaws article by article, beginning with Article VIII (Village Center District).
 
Article VIII – Village Center District
Ms. McKnight suggested a balloon test be conducted to see proposed building height impacts or creating a photo model showing height and density build-out impacts on the village center. “Smart growth” and “affordable housing” are terms being used, but may not be well defined. Densities in the amended ordinance are not tied to affordable housing. It would be helpful to know how many units (total) would be in the village center if density bonuses were granted, said Ms. McKnight. Dean Pierce, Town Planner, stated a build-out analysis was not done, but staff can investigate this. There are software programs to create 3-D models of buildings that would be better than a photo image. Ms. McKnight pointed out the model should include 45’ height measurements with roof slopes, peaks, and flat top levels at various setbacks. Mr. Pierce said the model provides an approximation. A 3-D model can be done of the prototypes. Mr. Smith suggested looking at other communities with densities and types of roof heights as proposed in the amended zoning regulations. Ms. McKnight stressed density should be adopted with saving Shelburnewood as a goal; this could be a condition. The ordinance does not tie maximum density to affordable housing, and the town cannot do “spot zoning”. Mr. Pierce explained there are different approaches if a provision for affordable housing is included. Exclusionary housing can be considered as a tool (i.e. the developer would be required to include the housing type specified by the town in order to receive a density bonus for the developer’s project). Ms. McKnight asked for the number of undeveloped pieces of land in the village center, excluding Shelburnewood and the Harrington parcel. Mr. Pierce estimated there are six to nine parcels.
 
PUBLIC COMMENTS ON ARTICLE VIII – VILLAGE CENTER DISTRICT
Joyce Errecart stated the bylaws include a definition that includes restrictions for provision of affordable housing as provided in state statute. A mixed income definition passed the Vermont House of Representatives. Also, Gary Smith of Green Mountain Graphics has a tool to model different roof pitches/heights which could be very useful. Mr. Pudvar suggested a worst case scenario be generated by the computer model, such as a flat top building close to Route 7.
 
Chris Neme recalled the definition of affordable housing is tied to 80% of the county median income. The guidelines in the Town Plan must align with the proposed Zoning Bylaws.
 
Gwen Webster, resident, noted the Route 7 corridor and village center are on the National Historic Register. The visual impact coming into the village should be protected.
 
Charlie Brush stated if the Selectboard decides to become a development review board then the residents of Shelburnewood should be provided with a time frame.
 
Maria Horn, resident, stated if Shelburnewood is developed and built to certain heights there is concern for aesthetic impact on the village. On the other hand there is a commitment to affordable housing as well.
 
Craig Smith, resident adjacent to Shelburnewood and an historian, stressed when thinking of “historical” it must be kept in mind whose history is being written. There is Shelburne’s “historical” affordable housing that allowed workers to live in Shelburne, and there is “historical” that is close to “hysterical” - to have what it looks like versus what it is like to live here.
 
Victoria Carleton, resident, pointed out the Shelburnewood project has been going on for three years now. Shelburnewood is a form of affordable housing that should not be lost. Whatever Green Mountain Housing builds in Shelburnewood will be tasteful and better to look at than the Fieldhouse.
 
Article IX - Shelburne Falls Mixed Use District
There were no comments.
 
Article X - Mixed Use District
Dean Pierce explained the formula for setbacks and Section 1030.3.b - setbacks related to lot size for redevelopment projects. For a Planned Unit Development (PUD) it is possible to have a building of 15,000 square feet. In Section 1030.3.a, a project must meet all three standards as outlined. The section referring to “other similar uses” was taken out with one exception. Mr. Smith asked about flexibility in the regulations. Mr. Pierce replied the Planning Commission did much work on allowed uses and included additional uses.
 
PUBLIC COMMENTS ON ARTICLE X – MIXED USE DISTRICT
Brian Precourt, resident, said his family owns a 75-acre parcel on Route 7 in what is proposed as a mixed use section. The parcel is currently zoned commercial in the rear and commerce/industry in the front part. It was pointed out to the Planning Commission that residential and farming uses would not be permitted uses on the parcel. The Planning Commission cannot regulate farming as a use, and Mr. Precourt indicated he does not want that use for his business. There are a number of ways the Planning Commission can make the use site specific. In the Mixed Use District there are a few large parcels such as Rice Woods and the 30-acre school/town parcel (this is deed restricted). Kennels are allowed on three acre parcels, but construction services are not. The Planning Commission could have made construction services a related use on large parcels.  Mr. Precourt said he does not desire to build houses on his parcel of land even though he has been approached by developers. The land was purchased 15 years ago for the family’s long-term use. A Pizzagalli parcel was recently converted to residential use from commerce/industry. There are a number of ways to accomplish requests and it is hoped the Board will take action, said Mr. Precourt. Regarding the Mixed Use District, Mr. Precourt explained his attempt to apply the new regulations to existing properties (existing buildings and vacant lots) to determine impacts. Sections of the bylaws were referenced (R-PUD, Section 1030.3 and Section 1930.1.c). Per the regulations the Farrell parcel with the new setbacks would have a buildable area of 700 s.f. (for a building and parking). There are 85 lots on Route 7 and there would be no buildable areas, observed Mr. Precourt. Section 1030.2 was referenced in regard to reduced front yard setbacks (decrease from 60’ to 30’) and side yard setbacks (decrease from 25’ to 15’). Mr. Precourt urged the Planning Commission to look at setbacks along Route 7. Footprint limitations will make lots on Route 7 non-conforming (i.e. Tenneybrook Square). There are many local businesses versus box stores on Route 7, some very long term (Rice Lumber has been there and paying taxes to Shelburne for 60 years). The business owners have made many improvements to the sites. Mr. Precourt suggested the regulations be sent back to the Planning Commission for further review.
 
Larry Williams, owner of a parcel in the proposed Mixed Use District (between Webster Road and Route 7), said he purchased the land to allow expansion of his building, but the Planning Commission did not approve the expansion so the business was relocated out of Shelburne. Mr. Williams said his property is the gateway to the village. The original zoning allowed development of 14,000 square foot with additional parking. The new zoning setback will be 185’ and Webster Road will overlap Route 7, allowing a 6,500 square foot building with parking. Mr. Williams contended the regulations make his property “value-less” to him, and urged the Board to look at the actual property versus numbers on a map.
 
Charlie Bissonette, owner of the Dutch Mill purchased in 1968, said he anticipates selling the 8.9 acre property for his retirement, but the new zoning setback of 250’ will leave only a 40’ strip of land (too restrictive) and the .003 or .005 calculation cannot be used because there are existing buildings.
 
Jeremy Matosky, Automaster and DuBrul family representative, stated the effect of the zoning regulations relative to the Mixed Use District is alarming. The new regulations tested against future uses are prohibitive on the Automaster parcel. Mr. Matosky submitted a letter noting concern about the setbacks. The Automaster has 50’ of frontage on Route 7. With the new regulations the front yard setback would be 1,192 feet. The railroad tracks are in the back of the property. With the front setback and the railroad tracks the property is made unusable. In South Burlington the higher the building the farther back it is set. Regarding Section 1030 (design and landscaping), the Automaster will not meet the test as outlined in the regulations. There are several buildings over the square footage currently, but not out of scale for the lot size. Now there is no design review. Flexibility is needed because some parcels have wetlands and other limitations. Regarding criteria for maximum building size – lot coverage versus a PUD – there should be 50% lot coverage across the board. Design, Section 1030.3, is difficult to comply with, and there are no provisions (DRB) for wavier requirements.
 
Gwen Webster stated in reference to Section 1030.c & d, if design credits are included for design and landscaping then design review is needed in addition to the development process. The Development Review Board is not equipped to do so.
 
MOTION by Mr. Roesler, seconded by Ms. McKnight, to continue the public hearing on the proposed amendments to the Zoning Bylaws until June 10, 2008. VOTE: unanimous (4-0); motion carried.
 
Jeff Jackson, resident, asked about the amended bylaws being under review by the Town Attorney and the status of the process. Mr. Roesler suggested Mr. Jackson send his comments to the Board.
 
5.         DISCUSSION REGARDING EMERGENCY SERVICE CONSTRUCTION FOR SHELBURNE GOING FORWARD
Mr. Bohne reported a space needs analysis was done for the Fire Department and Rescue Squad regarding facilities and equipment. The Town is looking at needs to provide emergency and fire services. There have been several discussions. Mr. Roesler suggested the departments (Fire and Rescue) collaborate to form a committee to help the Board move forward. Committee members should present a scope of work to the Board at the June 10th meeting. There was discussion of integrating the two squads, having one governing body, and be in one building. One concern is member burn out. Linda Goodrich, Rescue Squad, asked if it would beneficial to meet each department separately. Mr. Roesler replied this may be a duplication of what is being sought. Consolidation may be an opportunity for cross training. A consolidated department may make sense, but the Board is open to discussion of two separate departments. Ms. Goodrich said there have been discussions about shared services with Charlotte, but Shelburne has 60% more calls than Charlotte. There is a plan to poll the members. Concern is volunteers will be lost. Staff will work with the Fire and Rescue departments to develop a charge.
 
6.         DISCUSSION WITH GREG BROWN AND GARRET MOTT FROM CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION (CCRPC) REGARDING THE DRAFT 2009 WORK PROGRAM AND NEED FOR SERVICES BY SHELBURNE
Greg Brown, CCRPC Executive Director, Garret Mott, CCRPC Chairperson, and Justin Dextradow, appeared before the Board. Mr. Mott announced Greg Brown is retiring at the end of June. Charlie Bauer has been hired as the new Executive Director. Mr. Mott noted a certified letter was received regarding the definition of “Substantial Regional Impact” which applies in Act 250 review, Section 248, relative to conflict between the regional plan and municipal plan. The CCRPC draft 2009 Work Program was provided to the Board for review. Comments will be forwarded to CCRPC.
 
7.         CONSIDER REQUEST BY ECI, CONTRACTOR FOR VELCO, TO CLOSE BAY ROAD AT THE UNDERPASS FOR TWO NON-CONSECUTIVE DAYS BEGINNING JUNE 15, 2008
Mr. Bohne stated VELCO has begun the underground work portion of the project. Staff does not recommend closing Pine Haven Shore Drive or Champlain Drive at this time. Mike Drischer, ECI, explained the request to close Bay Road at the underpass for safety reasons and to keep the traveling public from the job site during placement of the underground duct bank. Dates for closing Bay Road are June 16th and Friday, June 22nd for paving with rain dates the following week.
 
MOTION by Mr. Smith, seconded by Mr. Pudvar, to authorize closure of Bay Road for two non-consecutive days in mid-June as presented (June 16 & 22). VOTE: unanimous (4-0); motion carried.
 
8.         PRESENTATION, DISCUSSION AND CONSIDERATION OF APPROVAL OF THE FY 2009 WASTEWATER BUDGET
Mr. Frankenburg gave an overview of the 2008-2009 Wastewater Budget which is treated as a “utility” (separate enterprise fund). The budget shows a 3.3% increase in expenses. The user rate is proposed to increase by 6.7% to $8.86 per thousand gallons. Staff will only make necessary improvements while not letting the plants degrade. Bernie Gagnon reported there is less water usage, and thus less department revenue since sewer usage billed is based on water usage. Infiltration problems are being eliminated and necessary repairs are being done to the system. Staff does smoke tests to identify infiltration or illegal hookups. The schedule for man-hole inspections and coordination with the Highway Dept. for road repairs and paving was reviewed.
 
MOTION by Ms. McKnight, seconded by Mr. Smith, to approve the FY 2009 Wastewater Budget as presented. VOTE: unanimous (4-0); motion carried.
 
9.         PRESENTATION AND DISCUSSION OF THE 2008-2009 WATER BUDGET
Mr. Bohne stated the FY 2009 Water Budget was adopted by the Water Commission. The presentation to the Board is informational. The Water Budget is also an enterprise fund. A 5.3% increase is shown. The increase is due to the wholesale cost of water from Champlain Water District as well as inflationary increases. Expenses include $20,000 for work related to the Harbor Road bridge reconstruction. The Commission agreed to apply $30,000 of unrestricted net assets (fund balance) to offset this cost and minimize the impact of the rate increase. The water rate is set at $4.56 per 1000 gallons.
 
10.       CONSIDER AUTHORIZING THE TOWN MANAGER TO APPLY FOR A SIDEWALK GRANT IN THE AMOUNT OF $191,232 FROM THE METROPOLITAN PLANNING ORGANIZATION FOR THE PURPOSE OF CONSTRUCTING A SIDEWALK ON MT. PHILO ROAD
Mr. Bohne reviewed the grant application to help finance the Mt. Philo Road sidewalk project. The application is due June 6th.
 
MOTION by Mr. Smith, seconded by Mr. Pudvar, to authorize the Town Manager to apply for a sidewalk grant in the amount of $191,232 from the Metropolitan Planning Organization for the purpose of constructing a sidewalk on Mt. Philo Road. VOTE: unanimous (4-0); motion carried.
 
The Selectboard signed the letter of support for the grant application.
 
11.       CONSIDER APROVAL OF A ONE YEAR CAPITAL NOTE WITH CHITTENDEN BANK IN THE AMOUNT OF $21,700 AT A RATE OF 2.65% TO FINANCE THE REMAINDER OF THE BALANCE DUE FOR THE WASTEWATER DEPARTMENT UTILITY TRUCK
 MOTION by Mr. Smith, seconded by Ms. McKnight, to approve a one year capital note with Chittenden Bank in the amount of $21,700 at a rate of 2.65% to finance the remainder of the balance due for the Wastewater Department utility truck. VOTE: unanimous (4-0); motion carried.
 
12.              CONSIDER APPROVING MINUTES OF MAY 10, 2008 & MAY 13, 2008
MOTION by Mr. Smith, seconded by Mr. Pudvar, to approve the minutes of 5/10/2008 as written.  VOTE: unanimous (4-0); motion carried.
 
MOTION by Mr. Pudvar, seconded by Ms. McKnight, to approve the minutes of 5/13/2008 as written.  VOTE: unanimous (4-0); motion carried.
 
13.       MANAGER’S REPORT
Mr. Bohne reported VELCO construction is on-going.
 
14.       MEMBER’S CONCERNS
Mr. Smith asked if trees in the Route 7 median that have been hit/damaged by cars will be replaced. Mr. Bohne stated VTrans is responsible for the trees.
 
Ms. McKnight reported she sent Kevin Clayton contact names at VTrans with regard to parking signs. Ms. McKnight suggested the town direct people to parking using “P” signs.
 
Mr. Pudvar said bike lanes and sidewalks along Route 7 need sweeping.
 
15.       ADJOURNMENT
MOTION by Ms. McKnight, seconded by Mr. Smith, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.
 
The meeting was adjourned at 10:25 p.m.
 
RScty: KFurr
 
 
Accepted,
 
 
 
For the Shelburne Selectboard

January 2008
Selectboard Meeting Minutes

February 2008
Selectboard Meeting Minutes

March 2008
Selectboard Meeting Minutes

April 2008
Selectboard Meeting Minutes

May 2008
Selectboard Meeting Minutes

June 2008
Selectboard Meeting Minutes

July 2008
Selectboard Meeting Minutes

August 2008
Selectboard Meeting Minutes

September 2008
Selectboard Meeting Minutes

October 2008
Selectboard Meeting Minutes

November 2008
Selectboard Meeting Minutes

December 2008
Selectboard Meeting Minutes







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5420 Shelburne Road
Shelburne, VT 05482
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