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Wednesday, February 15, 2017

2/9 Development Review Board Draft Meeting Minutes

DEVELOPMENT REVIEW BOARD
Meeting Type: Regular Meeting
Date: Thursday, February 9, 2017
Time: 7:00 p.m.
Place: Municipal Building Community Room
Address: 43 Bombardier Road Milton, VT 05468
Contact: (802) 893-1186
Website: www.miltonvt.org

DRAFT MEETING MINUTES

1. CALL TO ORDER
The Chair called the meeting to order at 7:05 p.m.

2. ATTENDANCE
Members Present: Bruce Jenkins, Chair; Henry Bonges, Vice Chair; Julie Rutz, Clerk; Robert Brisson; Jessica Groeling, Alternate.
Members Absent: David Conley.
Staff Present: Jeff Castle, Town Planner.
Public Present: None.                                                                                         

3. AGENDA REVIEW
None.

4. PUBLIC FORUM
None.

5. OLD HEARINGS/BUSINESS
None.

6. NEW HEARINGS/BUSINESS
6(A). Minor Conventional Subdivision Final Plan – 60 Hobbs Road -- Bartlett & Tara Greenfield, Owners/Applicants.

The Chair read the following summary to open the hearing:

Bartlett & Tara Greenfield, Owners/Applicants, request Final plan approval for a proposed Minor Conventional Subdivision located at 60 Hobbs Road, to result in two lots. An existing single family dwelling will remain on Lot 1 and a new single family dwelling is proposed for Lot 2, both to be served by on-site wastewater systems and municipal water. The subject property is described as SPAN 13737, Tax Map 28 and Parcel 41; consists of 2.12 acres; and is located in the Beaverbrook Residential (R7) Zoning District and the Town Core Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant was Bart Greenfield, hereafter referred to as “applicant.”

In response to the following numbered items within the Staff Report:
1. The DRB felt that a site visit was not required.
2. The applicant agreed that the Final Plat shall contain a title identifying it as a subdivision plat.
3. The applicant agreed that the surveyor shall submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
4. The DRB considered Section 700 standards; no concerns were voiced.
5. The applicant agreed to provide a landscaping surety to guarantee the completion of the approved landscaping. Further, the applicant agreed to submit a written cost estimate for the proposed trees from a landscape contractor, that a performance bond shall guarantee their survival for three years from installation, and that the surety must be established prior to the issuance of a Zoning Permit.
6. The applicant agreed to submit draft legal instruments for the proposed water easement on Lot 1 to benefit Lot 1 and Lot 2, that all requested revisions must be complete before the Plat may be recorded, and that only instruments approved by the Town may be recorded in the Town of Milton Land Records.
7. The applicant agreed to submit $500 with the Final application to cover the legal review of the deeds and any other required legal instruments by the Town Attorney (any funds not expended on the legal review will be refunded to the applicant).
8. The applicant agreed to submit draft deeds and any other associated legal instruments for all impacted lots for review and approval by the Town Attorney, that all requested revisions must be complete before the Plat may be recorded, and that only instruments approved by the Town may be recorded in the Town of Milton Land Records. The Chair has some questions about an existing well on Lot 2. The applicant confirmed it is still in use and will be shown on the plat.
9. Staff Review of Revisions: The applicant agreed to submit one paper or electronic .PDF version of the revised final Plat (and any associated plans) for review and approval by Staff prior to submitting the mylar. The applicant also agreed to submit one full-sized (to scale) paper Final Plat and one 11x17 paper plat depicting the requested changes, to be maintained in the Planning Office’s application file.
10. The applicant agreed that the final Plat shall be submitted on mylar (18" x 24"), signed by the licensed surveyor and the Chair of the DRB, and recorded in the Town Clerk’s Office within 180 days of the date of the DRB's Final Approval Decision per Subdivision Regulations Section 940. The applicant agreed that final approval expires if not filed within 180 days, unless extended by the Zoning Administrator for pending local or state approvals, and that, in the event a subdivision plat is recorded without complying with this requirement, the plat shall be considered null and void.

Hearing no furthers questions or comments, the Chair closed the Hearing at 7:12 p.m.

6(B). Minor Conventional Subdivision Sketch Plan & Variance – 947 US Route 7 South – General Stannard House Committee, Applicant/Miller Realty Group, Owner.

The Chair read the following summary to open the hearing:

Minor Conventional Subdivision Sketch Plan & Variance Application -- 947 US Route 7 South - General Stannard House Committee, Applicant/Miller Realty Group LLP, Owner. The Applicant seeks a 2-lot Minor Conventional Subdivision Sketch Plan approval to place the existing Stannard House on a new, non-conforming, 6,800 sq. ft. lot with access from US Route 7; the remaining 853,574 sq. ft. lot would contain the existing distribution warehouse. The proposed plan would require a variance from the District's dimensional requirements. The property is described as 947 US Route 7 South; Tax Map 3, Parcel 8-1; SPAN 13967; contains approximately 19.75 acres; and is located within the General Industrial (I2) Zoning District and the Catamount Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant was Bill Kaigle of the General Stannard House Committee and Roger Dickinson of Lamoureux & Dickinson, hereafter referred to as “applicant(s).”

Bonges asked how this proposal differs from what was previously approved; Kaigle stated it was the same proposal. Kaigle explained that the Stannard House Committee had to reapply. There were delays, related mostly to a potential change in plans and associated Act 250 approvals. Kaigle detailed some of the challenges that the group has faced and reiterated that the proposal had not changed.

Brisson had some questions about the square footage of the lot. Staff clarified that the correct number is 6,800 square feet. Brisson also asked about an existing driveway; Kaigle answered his questions.

In response to the following numbered items within the Staff Report:
1. The DRB did not feel a site visit was necessary.
2. The applicant agreed that approval of a sketch plan does not constitute the approval of a subdivision plat and is merely an authorization for the applicant to file a preliminary plan or final plan application.
3. The applicant agreed to submit an application for approval of a subdivision plat within six (6) months of classification by the DRB of the sketch plan as a minor subdivision. Further, the applicant agreed that the application shall contain those items set forth in Section 610 of the regulations and shall conform to the layout shown on the sketch plan plus any recommendations made by the DRB.
4. The DRB did not voice any concerns related to the SR700 Standards.
5. The applicant agreed that proposed lot 2 does not meet the required minimum lot area or road frontage, and therefore the applicant seeks a Variance.
6. There was not much discussion regarding the following item, “The DRB may grant a variance from SR700.5 and 880.1 as well as ZR620 and ZR394 in accordance with ZR1071.”

MOTION by Groeling to APPROVE the Minor Conventional Subdivision Sketch Plan and Variance for 947 US Route 7 House, General Stannard House Committee. SECOND by Rutz. Unanimously APPROVED.

7. OTHER BUSINESS
Staff updated the Board on upcoming DRB hearings:
   · The 2/23/17 meeting has two hearings scheduled: a Planned Residential Development (PRD)  Amendment located on Erin Court; and a Site Plan and Boundary Line Adjustment located on Gonyeau Road.
  · The 3/9/17 meeting currently has two hearings scheduled: a 3-lot Minor Conventional Subdivision Final Plan with Site Plan and Conditional Use located on McMullen Road; and a Boundary Line Adjustment located on Misty Bay Road and Lake Road.

Staff explained that Sketch Plans for Conventional Subdivisions will be reviewed and heard differently than in the past, as per the discussion that occurred at Planning Forum #1, which was held on 2/1/17 with Town Attorneys Amanda Lafferty and David Rugh. Sketch plans will not be noticed the same way moving forward, and will not receive a written decision. The meeting minutes will serve as the record of any discussion.

8. MINUTES
8(A). Minutes of January 26, 2017
MOTION by Bonges to accept the Minutes of January 26, 2017 as written; SECOND by Rutz. Unanimously APPROVED.

9. DECISIONS SIGNED IN DELIBERATIVE SESSION
9(A). Minor Conventional Subdivision Final Plan – 42 Petty Brook Road – David C. Howe, Owner/Applicant.

VOTE RECORD
Bruce Jenkins, Chair:   yes/no/abstain/absent/recusal
Henry Bonges, Vice-Chair:  yes/no/abstain/absent/recusal
Julie Rutz, Clerk: yes/no/abstain/absent/recusal
David Conley, Member:  yes/no/abstain/absent/recusal
Robert Brisson, Member:  yes/no/abstain/absent/recusal
Jessica Groeling, Alternate: yes/no/abstain/absent/recusal/not assigned to hearing
Alternate, Vacant: yes/no/abstain/absent/recusal/not assigned to hearing
Alternate, Vacant: yes/no/abstain/absent/recusal/not assigned to hearing

MOTION TO APPROVE PASSED/FAILED BY A VOTE OF:
YES___4______;NO________;ABSTAIN________;ABSENT____1____;RECUSAL________

Vote taken in Deliberative Session the 12th day of January 2017.
Written Decision signed and dated at Milton, Vermont, the 26th day of January 2016.

10. ADJOURNED
MOTION by Bonges to adjourn at 7:38 p.m.; SECOND by Brisson. Unanimously APPROVED.

Draft filed with the Town Clerk this ___14th________ day of __February_________, 2017.