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May 25, 2017 [SPC]

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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 PLANNING COMMISSION. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE COMMISSION.

MEMBERS PRESENT:

STAFF PRESENT: OTHERS PRESENT: AGENDA:

TOWN OF SHELBURNE PLANNING COMMISSION MINUTES OF MEETING May 25, 2017

Jaime Heins (Chair); Jason Grignon, Dick Elkins, Kate Lalley, Perry Gagliardi. (Don Posner, Andrew Everett, and Graham Byers were absent.)
Dean Pierce, Planning Director.
Eric Lafayette, Tom Dow, Vasily Karpov.

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Call to Order
Approval of Agenda
Approval of Minutes (5/11/17)
Disclosure of Potential Conflicts of Interest Open to the Public
Public Hearing: Proposed Zoning Amendments Form Based Zoning
Comprehensive Plan Update
Commissioner Questions/Comments
Other Business/Correspondence
Adjournment

CALL TO ORDER

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1.

Jaime Heins called the meeting to order at 7:05 PM.

2. APPROVAL OF AGENDA
MOTION by Kate Lalley, SECOND by Dick Elkins, to approve the agenda as presented. VOTING: unanimous (5-0); motion carried.

3. APPROVAL OF MINUTES

May 11, 2017

MOTION by Dick Elkins, SECOND by Jason Grignon, to approve the minutes of May 11, 2017 with the following correction(s)/clarification(s):

Page 1, Approval of Minutes, VOTING – note the vote was 4 ayes and one abstention (Ann Hogan);

Page 3, Comprehensive Plan Update, paragraph beginning “In concluding the discussion....”, 1st sentence – change “adapting” to “adopting”.

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

4. DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST

None.

5. OPEN TO THE PUBLIC

None.

SHELBURNE PLANNING COMMISSION 5/25/17 PAGE 2 6. PUBLIC HEARING: Proposed Zoning Amendments

The public hearing was opened at 7:08 PM.

Daycare Facilities in Mixed Use District

Dean Pierce reviewed the language changes in Section 1020.33 relative to the size limit for daycares (strike “with a maximum of 75 children”). Jaime Heins noted there is a state layer of regulation for daycare facilities. Comments and letters of support for the change in the language have been received from several respected organizations.

Market/Delicatessen Uses in Shelburne Falls District

Dean Pierce reviewed the addition of “Local Market with Delicatessen” to Section 920 (as Section 920.12) and Section 2110 (definitions). There is property in the Shelburne Falls District on Falls Road that has conforming uses now, but the owner would like to return to the original use of the building as a deli. Under current zoned the deli use is nonconforming. The suggested language will make the market deli a conforming use in the district.

Integrated Agriculture in Rural Zoning District

Dean Pierce reviewed the changes to Section 1910.5.D that include revenue criteria to ensure the primary agricultural activity is the bulk of the activity and not outbalanced by the secondary activity. The ratio of two-thirds primary activity and one-third secondary activity must be demonstrated at least three out of five years. There is clarification to Section 2110.84 (definitions) relative to integrated agriculture as well.

COMMENTS

Tom Dow mentioned the building on Falls Road is now empty and not rentable because there are no specifics for a tenant so the change to allow the deli use is appreciated.

Eric Lafayette asked about next steps with the zoning change. Jaime Heins explained the approval process by the Planning Commission and Selectboard for bylaw changes.

There was discussion by the Planning Commission of Integrated Agriculture. Dick Elkins spoke against increasing industrial/commercial farming versus agriculture in the Rural District. Jaime Heins pointed out the only changes are to provide a safety net to the farmer if there were a couple of bad production seasons and to clarify the trigger. The state heavily regulates farms already. Jason Grignon noted the foundation is still farming. The language allows accessory revenues to that activity and does not allow setting up a commercial operation. Kate Lalley said the intent of the bylaw is made more clear with the added language.

There were no further comments.

MOTION by Dick Elkins, SECOND by Kate Lalley, to close the public hearing on proposed changes to the zoning bylaw relative to the following:

• Removal of the size restriction on daycare centers located in the Mixed Use Zoning District;

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SHELBURNE PLANNING COMMISSION 5/25/17 PAGE 3

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Definition of a new use to be known as “Local Market with Delicatessen” and “Allowance of Local Market with Delicatessen as Conditional Use in the Shelburne Falls Zoning District”;

Modification of provisions relating to Integrated Agriculture. VOTING: unanimous (5-0); motion carried.

The public hearing was closed at 7:32 PM.

MOTION by Jason Grignon, SECOND by Kate Lalley, to forward to the Selectboard for consideration and action the proposed changes to the zoning bylaw to remove the size restriction on daycare centers in the Mixed Use Zoning District warned for public hearing on May 25, 2017. VOTING: unanimous (5-0); motion carried.

MOTION by Jason Grignon, SECOND by Kate Lalley, to forward to the Selectboard for consideration and action the proposed changes to the zoning bylaw to include definition of a new use to be known as Local Market with Delicatessen and Allowance of Local Market with Delicatessen as Conditional Use in the Shelburne Falls Zoning District warned for public hearing on May 25, 2017. VOTING: unanimous (5-0); motion carried.

MOTION by Jason Grignon, SECOND by Kate Lalley, to forward to the Selectboard for consideration and action the proposed changes to the zoning bylaw to include modification of provisions relating to Integrated Agriculture warned for public hearing on May 25, 2017. VOTING: 3 ayes, one nay (Dick Elkins), one abstention (Perry Gagliardi); motion did not carry.

MOTION by Jason Grignon, SECOND by Kate Lalley, to forward to the Selectboard for consideration and action the Bylaw Change Report prepared to accompany the proposed zoning bylaw changes and amended to add “and growing jobs” in the bullet reading: “by removing the size cap on daycare centers...” and remove reference to Integrated Agriculture. VOTING: unanimous (5-0); motion carried.

7. FORM BASED ZONING

Parallel Road

There was discussion of the parallel road feature in form based zoning versus a low impact ped/bike path. Kate Lalley suggested a logical first step may be to have all the parking lots connected so informally there is connectivity. There should be more flexibility and the focus be less car oriented especially since the future of retail is changing (i.e. online shopping). The town should plat the existing sites so the property owners have more tools to incentivize redevelopment. One idea might be to allow subdivision within a site to facilitate redevelopment. Dick Elkins stated there are some properties in the form based zone where a rec path would not be wanted because there are delivery trucks or the terrain is not suitable. Doing the plats would show what can be done to have connectivity. Following further discussion the Planning Commission

SHELBURNE PLANNING COMMISSION 5/25/17 PAGE 4

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concurred with the low impact ped/bike path model rather than a parallel road. The parallel road requirement can be removed in the southern end of the form based zone because the road goes nowhere. On the northern end the bike path model and enhanced parking linkage should be pursued.

Building Materials

The Planning Commission agreed more work is needed on this item. Dick Elkins will gather information on what South Burlington requires with form based code and materials. Kate Lalley suggested there could be a threshold so for a project of a certain size the town would have a say in materials. Jaime Heins recalled form based code was to streamline the process. Materials seem to be a barrier. The matter has not been thought through yet. Jason Grignon said the town wants to create a Shelburne identity through the corridor whether that is through buildings or landscaping or materials. Perry Gagliardi said the empty places must be filled first then address how to make the properties represent the identity of the town. Dick Elkins spoke in support of using colors. Kate Lalley suggested public art or wayfinding.

Feedback on Draft Document

The Planning Commission will forward suggested names of people to Dean Pierce to provide feedback on the form based document.

Previously Developed Sites

Kate Lalley suggested developing lots of plat options that align with what the town wants. Flexibility is needed to work to compliance. The focus should be on key “nodes” in the corridor. Dick Elkins pointed out there are legalities to consider if the lots are reset. Jason Grignon suggested having a mechanism for the developer to bring in a concept for the site. Following further discussion the Planning Commission agreed information is needed on how to incorporate the idea of platting and key nodes.

Storm Water

There was mention of having a system where people gain if their property is used to support storm water management. Also, having taller buildings with smaller footprints is an approach to help with storm water. A storm water utility is needed. Following further discussion the Planning Commission concurred with flipping the defaults and having incentives.

8. COMPREHENSIVE PLAN UPDATE

The Planning Commission agreed the recommended actions should be pulled out of the plan and held in a separate document or addendum. Objectives should be removed or consolidated as appropriate. The volume of the document needs to be reduced. The following sections of the plan were assigned for review and recommendation on how to make the section(s) more succinct:

Kate Lalley – Land Use

Perry Gagliardi – Growth and Development; Childcare

Dick Elkins – Growth and Development; Natural and Scenic Resources and Land

Conservation

SHELBURNE PLANNING COMMISSION 5/25/17 PAGE 5

Jason Grignon – Energy

Jaime Heins – Towers and Telecommunications Facilitates

Vision Statement

The Planning Commission felt the vision statement should begin with the paragraph from the 2012 statement that reads: “In sum, Shelburne, Vermont, will be recognized....” followed by the new language reading: “In the mid-21st Century, Shelburne will be a place where...” then the paragraph from the 2012 statement reading: “accommodating development at a pace...” and ending with the new language paragraph reading: “Historically a rural and agricultural town....”. The vision statement should be no longer than one page.

Dean Pierce stated the language in the plan needs to show the town is acting consistent with state goals relative to energy. The Planning Commission will think about preferred locations for solar and wind installations. There are already large solar arrays on Shelburne Farms and Meach Cove. The town has identified constraints such as the 100’ buffer to the lake, scenic viewsheds, and significant view areas. Dean Pierce and Jason Grignon will work on the energy section of the plan.

Dean Pierce will forward information on regional projections for housing, population, and employment adopted by Regional Planning.

9. COMMISSIONER QUESTIONS/COMMENTS

None.

10. OTHER BUSINESS/CORRESPONDENCE

None.

11. ADJOURNMENT
MOTION by Jason Grignon, SECOND by Kate Lalley, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.

The meeting was adjourned at 9:42 PM.

RScty: MERiordan

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Episode Number: 
280
Original Airdate: 
Thursday, May 25, 2017

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