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May 17, 2017 [SDRB]

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Field Producer: Jude Domski

A VIDEO RECORDING OF THE MEETING IN ITS ENTIRETY IS AVAILABLE THROUGH VERMONTCAM.ORG. THE WRITTEN MINUTES ARE A SYNOPSIS OF DISCUSSION AT THE MEETING. MOTIONS ARE AS STATED BY THE MOTION MAKER. MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE DEVELOPMENT REVIEW BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

MEMBERS PRESENT:

STAFF PRESENT: OTHERS PRESENT:

AGENDA:

Mary Kehoe (Chair); Mark Sammut, Jeff Pauza, Joanna Watts, Ian McCray. (Jeff Hodgson, Judy Christensen, Ellery Harkness, Ty Parker were absent.)
Kaitlin Mitchell, DRB Administrator.

Colleen Haag, Dorothy Micklas, Scott Homsted, Jay Desautels, Gail Albert, Peggy Day, Charles Peet, Gerry Guillemette, Bernie Guillemette.

1. 2. 3. 4. 5.

6. 7. 8.

1.

Chair

2.

Call to Order and Announcements Organizational Meeting
Public Comment
Approval of Minutes (4/13/17 & 4/19/17) Applications

Site Plan Amendment, Additional Parking, Six Spaces, 5000 The Terraces, Micklas (SP17-03)

Preliminary Plan, Residential PUD, Six Lots, 0 Pond Road, Desautels (SUB04-10R1)

CBC Report Form Discussion
Other Business/Correspondence Adjournment and/or Deliberative Session

CALL TO ORDER and ANNOUNCEMENTS

Mary Kehoe called the meeting to order at 7:05 PM.

ORGANIZATIONAL MEETING

TOWN OF SHELBURNE DEVELOPMENT REVIEW BOARD MINUTES OF MEETING
May 17, 2017

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Kate Mitchell facilitated the election of officers.

Chair

MOTION by Jeff Pauza, SECOND by Mark Sammut, to nominate Mary Kehoe as Chair of the Shelburne DRB. There were no other nominations. VOTING: all ayes except one abstention (Mary Kehoe); motion carried.

Vice Chair

MOTION by Mary Kehoe, SECOND by Ian McCray, to nominate Mark Sammut as Vice Chair of the Shelburne DRB. There were no other nominations. VOTING: all ayes except one abstention (Mark Sammut); motion carried.

Clerk

MOTION by Jeff Pauza, SECOND by Mark Sammut, to nominate Joanna Watts as Clerk of the Shelburne DRB. There were no other nominations. VOTING: all ayes except one abstention (Joanna Watts); motion carried.

SHELBURNE DEVELOPMENT REVIEW BOARD – 5/17/17 PAGE 2

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3. PUBLIC COMMENT

None.

4. APPROVAL OF MINUTES

April 13, 2017

MOTION by Joanna Watts, SECOND by Ian McCray, to approve the April 13, 2017 minutes as written. VOTING: unanimous (5-0); motion carried.

April 19, 2017

MOTION by Mark Sammut, SECOND by Joanna Watts, to approve the April 19, 2017 minutes as written. VOTING: unanimous (5-0); motion carried.

5. APPLICA TIONS

The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.

SP17-03: Site Plan Amendment to add six parking spaces at 5000 The Terraces in the Residential District and Stormwater Overlay District by Dorothy Micklas Dorothy Micklas appeared on behalf of the application.

Submittals:

General Application, dated and received 4/20/17

Site Plan Application, dated and received 4/20/17

Conditional Use Application, dated 3/9/17

Site Plan Set prepared by Civil Engineering Associates, dated April 2017 and

received 4/20/17

Town of Shelburne Staff Report, dated 5/17/17

STAFF REPORT
The DRB received a written staff report on the application, dated 5/17/17.

Mary Kehoe asked about designation of The Terraces as a continuing care retirement community versus a conditional use. Kate Mitchell explained there is a lack of records on the original approvals for the development which is considered a pre-existing nonconforming use. The use is not being expanded.

APPLICANT COMMENTS
Dorothy Micklas explained the need for additional parking on the upper drive at The Terraces to serve five buildings with condominiums units. Civil Engineering Associates

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SHELBURNE DEVELOPMENT REVIEW BOARD – 5/17/17 PAGE 3 updated the storm water runoff plan and permit and is working on the Act 250 permit.

There are nine handicap parking spaces on the site.

Mark Sammut asked about a landscape plan. Dorothy Micklas said two trees will be removed and replaced by planting two trees elsewhere on the property.

PUBLIC COMMENT
Colleen Haag, resident, said the storm water pond handles runoff from the Wild Ginger area as well as The Terraces. The town has a permit for the pond at The Terraces due to the runoff from Wild Ginger Road which is a town road.

There were no further comments.

DELIBERA TION/DECISION
Site Plan Amendment, Additional Parking, Six Spaces, 5000 The Terraces, Micklas (SP17-03)
MOTION by Mark Sammut, SECOND by Mary Kehoe, to finalize the record for SP17-03 for additional parking spaces at 5000 The Terraces and direct staff to prepare a decision to indicate approval of SP17-03 with the following conditions:

A zoning permit shall be required prior to any improvements being made.

The applicant shall submit the completed Project Review Sheet for the

project.

Erosion prevention and sediment control details shall be provided with any

building permit application.

VOTING: unanimous (5-0); motion carried.

SUB04-10R1: Preliminary Plan for a six lot Residential PUD at 0 Pond Road in the Rural District and a portion in the Floodplain and Watercourse Overlay District by Jay Desautels
Jay Desautels and Scott Homsted with Krebs & Lansing Consulting Engineers appeared on behalf of the application.

Submittals:

Cover letter, dated 4/7/17 and received 4/10/17

Preliminary Plan Review Application, received 4/10/17

Preliminary Plan Review Planning Criteria prepared by Krebs & Lansing

Consulting Engineers, received 4/10/17

Resource Areas Summary prepared by Krebs & Lansing Consulting Engineers

Site Plan Set prepared by Krebs & Lansing Consulting Engineers, dated 3/24/17

and received 4/10/17

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SHELBURNE DEVELOPMENT REVIEW BOARD – 5/17/17

PAGE 4

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Project Review Sheet

Record of pre-application conference materials

Record of Sketch Plan Application materials

Town of Shelburne Staff Report, dated 5/3/17

STAFF REPORT
The DRB received a written staff report on the application, dated 5/3/17

APPLICANT COMMENTS
Scott Homsted reviewed the proposed lot layout on the 133 acre parcel fronting Pond Road and Route 116. There will be three access points, one on Route 116 to serve lots 1 and 2, a shared driveway off Pond Road to serve lots 4, 5, 6, and a single driveway farther west down Pond Road to serve Lot 3. The proposal received an environmental rural development credit because storm water requirements are met by developing the property in a certain way. Storm water management includes infiltration where possible and catch basins/ponds to slow runoff, prevent erosion, and treat the water. Each lot will have a separate on-site septic system. Lot 1 will pump waste water to the septic system on the lot. The wetlands are delineated. The proposal has less wetlands disturbance than past proposals.

Mary Kehoe asked if use of the VAST trail will continue. Scott Homsted said there is a connection trail that is a vital link in the VAST trail system. The property owner will relocate the VAST trail and still allow the connection. Mary Kehoe asked about the concern by the Shelburne Natural Resources about the houses being spread out on the parcel and impairment to wildlife and trees. Scott Homsted said there are no cut zones between the building envelopes and the conservation area. Over 2/3 of the property is being preserved and only 5% disturbed. Lot 3 is 45 acres with one house. It is unlikely there will be an adverse negative effect on wildlife or the forest. The driveway to Lot 3 is essentially already in place so very little tree cutting will be required. There will be tree clearing for only one house. Mary Kehoe asked how it can be ensured the areas that are privately owned but not developed remain in an ag pattern or unused pattern. Scott Homsted suggested the conditions of approval could state no cutting or disturbance outside the building envelopes. There will be covenants in the deeds and the permits will state there will be a certain amount of conserved land which will be subject to yearly inspection to confirm the land is still open.

PUBLIC COMMENT
Charlie Peet, resident, mentioned the access road from Route 116 across the corner of the field and perhaps having a right-of-way to his 33 acre lot while the proposed development is being built. Scott Homsted said there is a 60’ wide access and utility

SHELBURNE DEVELOPMENT REVIEW BOARD – 5/17/17 PAGE 5 easement along the corridor so it is possible to negotiate a right-of-way with the future

landowner of the lot.

Bernie Guillemette, Pond Road, urged the DRB to do a site visit as was suggested in his letter to witness the Guillemette farm that has been in operation for the past 70 years. The farm is located across from the proposed development and has a million gallon manure pit with associated equipment and tractors operating. There is also livestock (and deadstock on occasion). The concern is the residents in the new development will complain about noise and odors, and the situation could end up as a lawsuit which will mean spending money and unnecessary hardship and challenges. The farm has too much at stake to face legal challenges. Mr. Guillemette asked if the Right to Farm law could be included in the deeds for the new lots. Mary Kehoe said that arrangement would be between the Guillemettes and Mr. Desautels. Jay Desautels said he is willing to do all he can that makes sense to protect the farm’s interest, but anyone can raise a frivolous lawsuit at any time.

Bernie Guillemette mentioned the farm traffic moving manure all day long on Pond Road and the safety concern with the proposed driveway located directly across from the milk house. Also, people walking and riding bikes on Pond Road is a safety issue with the farm traffic. Jay Desautels said he met with the Shelburne Highway Superintendent regarding the best location for the driveway from a safety point of view and a driveway off Pond Road was deemed safer than a driveway off Route 116. The sight distances are appropriate for the type of development (peak hour traffic is three cars per hour). There was also discussion of possibly installing signs. Bernie Guillemette asked if the brush on both sides of the road will be cut. Scott Homsted said the Highway Superintendent advised cutting on the east side where the storm water pond (dry pond) is located and on the west side for the visibility triangle.

Gail Albert, Shelburne Natural Resources Commission, said the Natural Resources Commission suggests the undeveloped areas be conserved by a third party organization that would protect the land in perpetuity so there is no worry of dogs running through the woods disturbing the deer. Ms. Albert asked when the wetlands delineation was done. Scott Homsted said the delineation was done in 2004. The mapped wetlands are over 150’ from the development. The driveway is along an existing road and the building site is on top of the ridge.

There were no further comments.

DELIBERA TION/DECISION
Preliminary Plan, Residential PUD, Six Lots, 0 Pond Road, Desautels (SUB04-10R1)

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SHELBURNE DEVELOPMENT REVIEW BOARD – 5/17/17 PAGE 6

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MOTION by Mary Kehoe, SECOND by Mark Sammut, to finalize the record and close the hearing for SUB04-10R1, Residential PUD with six lots at 0 Pond Road by Jay Desautels, and to authorize the applicant to prepare a Final Plan application with the following conditions:

Prepare all items waived as part of the Preliminary Plan review.

Solicit comments from remaining town departments prior to submission of

the Final Plan application.

Incorporate comments from the Water Quality Superintendent.

Incorporate comments from the Fire Department or provide evidence that an

alternative solution has been agreed upon by both the applicant and the Fire Department.
DISCUSSION:

• Jeff Pauza said the applicant should not be forced to find a third party to conserve the land. Kate Mitchell said the interest of the Natural Resources Commission was to have the applicant delineate conserved land from the ag land.

VOTING: unanimous (5-0); motion carried.

6. CBC REPORT FORM DISCUSSION

Mary Kehoe reviewed responses to the questions in the CBC Report from the DRB to the Selectboard. The need for better technology for recording and broadcasting meetings was stressed and the working relationship between the DRB and Planning Commission was noted.

7. OTHER BUSINESS/CORRESPONDENCE

An updated list of DRB items for the Planning Commission to address will be added to the next meeting agenda for discussion.

8. ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Mark Sammut, SECOND by Jeff Pauza, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.

The meeting was adjourned at 8:12 PM.

RScty: MERiordan

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Episode Number: 
211
Original Airdate: 
Wednesday, May 17, 2017

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