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Tuesday, February 28, 2017

Development Review Board

DEVELOPMENT REVIEW BOARD
Meeting Type: Regular Meeting
Date: Thursday, February 23, 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 7:06 p.m.

2. ATTENDANCE
Members Present: Bruce Jenkins, Chair; Henry Bonges, Vice Chair; Julie Rutz, Clerk; Robert Brisson; David Conley; Jessica Groeling, Alternate.
Members Absent: None.
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). Type “A” Planned Residential Development (PRD) Amendment Hearing – Erin Court -- Cameron’s Run LLP, Owner/Applicant.

The Chair read the following summary to open the hearing:

Amendment Application, Type “A” Planned Residential Development (PRD) – Cameron’s Run LLP, Owner/Applicant. The Applicant requests an amendment to the Cameron’s Run PRD located on Erin Court, described as SPAN 14334, Tax Map 29 and Parcel 30-2. The amendment proposes development of a lot previously utilized for an onsite community wastewater system. Following connection to municipal sewer, the onsite wastewater system is no longer necessary. The amendment proposes three new residential units, to be served by municipal water and sewer and accessed off Erin Court. The subject property contains a total of 0.52 acres and is located within the MCMP Center (M1) Zoning District and Town Core Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant were Doug Goulette of Lamoureux & Dickinson and Don Turner, hereafter referred to as “applicant(s).”

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 to submit legal documents for the conveyance of units along building lines for review by the Town attorney.
3. The applicant agreed the proposed driveway will meet the driveway standards of ZR593.
4. The applicant agreed that a homeowner’s association was necessary to ensure the proper maintenance of the proposed driveway in the future, stating the existing Red Clover Way Homeowner’s Association will absorb the new units.
5. The applicant agreed to protect the proposed open space though appropriate legal devices to ensure the continued use of such lands. Bonges asked if there were any plans for the open space; the applicant confirmed there was no plan at this time and that the open space is available for use by anyone who is a member of the homeowner’s association.
6. There were no comments regarding the following item: “The DRB shall determine if the proposed open space for Lot 2 meets the open space and community recreation space requirement of ZR852.15.”
7. The applicant agreed that no land included within a PLANNED UNIT DEVELOPMENT-Residential (PUD-R) may be included in any future subdivision of land and will provide covenants and deed restrictions to this effect.
8. The DRB asked and the applicant answered questions about the proposed landscaping.
9. The applicant agreed to provide a landscaping surety to guarantee the completion of the approved landscaping and establish a performance bond prior to the issuance of a Zoning Permit to guarantee their survival for three years from installation. The applicant stated a written cost estimate for the proposed trees, prepared by a landscape contractor, has already been submitted to the Town Planner.
10. The DRB considered the adequacy of pedestrian circulation. Rutz asked about internal walkways. The applicant stated the proposal does not include any new sidewalk access, and that the residents, generally speaking, do not desire one, as it might encourage cut-through traffic from Hillary Lane.
11. The applicant stated that no new outdoor lighting was proposed. A brief discussion regarding the adequacy of existing outdoor lighting followed.
12. The applicant agreed the Final Plat will contain a license number and seal of the licensed land surveyor.
13. There were no comments regarding the following item: “The DRB shall consider the Section 700 standards above.”
14. 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).
15. 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 is recorded, and that only instruments approved by the Town may be recorded in the Town of Milton Land Records.
16. 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.
17. The applicant agreed the final Plat must 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 understood 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.
18. The applicant agreed to obtain a Project Review Sheet from the Permit Specialist in the District 4 Regional Office of the Agency of Natural Resources, provide a copy to the Town, and obtain all required State permits and approvals prior to construction.
19. The applicant agreed to submit two (2) full-sized (to scale) and two (2) reduced (11 x 17) complete final plan sets depicting the requested changes and that the revised plans must be deemed Final by the Town Planner prior to being eligible for a Zoning Permit from the Zoning Administrator.
20. The applicant agreed all conditions of the original DRB approval of 2006 and subsequent amendments are in full force and effect except as amended therein and further amended herein.

Brisson had some questions about parking, which the applicant answered. Requirements for residential parking were reviewed and it was agreed a “No Parking” sign in the hammerhead area and/or a “Dead End” street sign at the Railroad Street intersection would be beneficial.

Bonges asked if the applicant’s feedback regarding the application form was conveyed to the Planning Office; Staff confirmed receipt. The applicant felt there was too many forms, and that the Town of Essex uses a 2-page form for all of its applications.

Hearing no furthers questions or comments, the Chair closed the Hearing at 7:29 p.m.

6(B). Site Plan & Boundary Line Adjustment –- Gonyeau Road – Smith Brothers of Hinesburg, LLC, Owner/Applicant.

The Chair read the following summary to open the hearing:

Smith Brothers of Hinesburg, LLC, Owner/Applicant requests Site Plan approval for a proposed 50,000 square foot, 2-story facility for the manufacturing, research, development and testing of rally cars located at Lots 3 and 4 of the Catamount Industrial Park. The Applicant also seeks Boundary Line Adjustment approval to dissolve the property line between the two lots, creating one lot for the proposed facility. The facility is proposed to be served by municipal water and sewer and accessed via Gonyeau Road. The subject properties are described as SPAN 13969 & 13970, Tax Map 3, Parcels 8-3 and 8-4; contain a total of 12.55 acres and are located within the General Industrial (I2) Zoning District and Catamount Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant were Steven Vock of Civil Engineering Associates and Doug Viehmann of GVV Architechts, hereafter referred to as “applicant(s).”

In response to the following numbered items within the Staff Report:

1. There was not discussion of this item: “A Town Highway Access Permit shall be required prior to being eligible for a Zoning Permit per ZR594.”
2. The applicant agreed to have new curb cuts inspected by Public Works to ensure compliance prior to the issuance of a Certificate of Compliance.
3. The DRB reviewed the proposed landscaping and did not have any questions.
4. The Applicant agreed to provide a written cost estimate from a landscape contractor for the proposed trees, a landscaping surety to guarantee the completion of the approved landscaping, and a performance bond to guarantee the survival of the plantings for three years from installation. The applicant understood they must establish the surety prior to the issuance of a Zoning Permit.
5. The DRB considered the appropriateness of the number of proposed parking spaces; no major concerns were voiced.
6. The applicant agreed the site plan will contain the location of signs identifying ADA parking spaces.
7. In regards to driveways, this item stated: “Unless specifically approved by the Development Review Board, there shall be not more than one.” The plan proposes two. The applicant explained it was an accessibility issue for the tractor trailers that would be frequenting the sight, and that it was not a sight distance issue. The applicant stated it did not make sense to have the trucks drive around the building; it simply made more sense to have a second access.
8. The applicant agreed that the maximum height for parking and street lights will not exceed 20 feet from the ground to top of fixture, adding that many of the lights are building mounted.
9. The applicant agreed any proposed business sign will meet the sign standards of ZR830.
10. The applicant agreed to submit $500 to cover the legal review of the revised 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).
11. The applicant agreed to submit 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.
12. The applicant agreed to submit two (2) full-sized (to scale) and two (2) reduced (11 x 17) complete final plan sets depicting the requested changes and that the revised plans must be deemed Final by the Town Planner prior to being eligible for a Zoning Permit from the Zoning Administrator.
13. The applicant agreed the final Plat must 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 understood 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.
14. The group discussed the comments received from the Development Review Board Technical Advisory Committee, mostly focusing on the Fire Department’s comments. The applicant did not feel that any of the requests were out of the ordinary, adding that this building would be subject to State Fire Safety code(s) and that they meet any necessary requirements.
15. The applicant agreed to obtain a Project Review Sheet from the Permit Specialist in the District 4 Regional Office of the Agency of Natural Resources, provide a copy to the Town, and obtain all required State permits and approvals prior to construction.
16. The applicant agreed to submit two (2) full-sized (to scale) and two (2) reduced (11 x 17) complete final plan sets depicting the requested changes and that the revised plans must be deemed Final by the Town Planner prior to being eligible for a Zoning Permit from the Zoning Administrator.

The Chair asked about the location of automobile testing, specifically whether it would be indoors or out. The applicant replied that the testing is proposed indoors. The Chair asked if any part of the proposal would produce offensive odors of noxious fumes and the applicant replied that shouldn’t be a problem, as an engine does not burn a lot of gas when running for 45 seconds.

Staff asked the applicant to clarify changes to the plan that have been discussed, but not yet presented. The applicant replied that there are a couple of potential changes that he’d like the board to be aware of, because the building needs to be adjusted for an additional four feet of elevation. The applicants propose to drop the elevation by two feet and add two feet to the building height. This improves efficiency within the building while staying within height limitations. The group discussed the pros and cons of continuing the hearing versus amending the plan at a later date. It was generally agreed upon that a continuance would be in the best interest of everyone.

MOTION by Conley to CONTINUE the Site Plan and Boundary Line Adjustment hearing for Smith Brothers of Hinesburg LLC to the Development Review Board’s next meeting on March 9, 2017. SECOND by Rutz. Unanimously APPROVED.

7. OTHER BUSINESS
Staff shared a quick update on upcoming DRB hearings:
· The 3/9/17 meeting has the following hearings scheduled: a Minor Conventional Subdision Final Plan and Site Plan application for J&M Sand located on McMullen Road; a Boundary Line Adjustment application located on Misty Bay Road and Lake Road; and a Site Plan application for Jenkins Auto located at 26 River Street.
· The 3/23/17 meeting currently has the following hearing(s) scheduled: a Site Plan and Conditional Use application for Green Mt. Fireworks, located at the old dragstrip on Route 7.

8. MINUTES
8(A). Minutes of February 9, 2017
MOTION by Bonges to accept the Minutes of February 9, 2017 as written; SECOND by Rutz. Unanimously APPROVED.

9. DECISIONS SIGNED IN DELIBERATIVE SESSION

9(A). Minor Conventional Subdivision Final Plan – 60 Hobbs Road – Bartlett & Tara Greenfield, Owners/Applicants.
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 BY A VOTE OF:

YES___5______;NO________;ABSTAIN________;ABSENT____1____;RECUSAL________

Vote taken in Deliberative Session February 9, 2017. Written Decision signed and dated at Milton, Vermont, February 23, 2017.

9(B). Boundary Line Adjustment – 33 Catamount Drive – GFA Realty, Inc., Owners/Applicants.

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 BY A VOTE OF:

YES___5______;NO________;ABSTAIN________;ABSENT________;RECUSAL________

Vote taken in Deliberative Session January 26, 2017. Written Decision signed and dated at Milton, Vermont, February 23, 2017.

10. ADJOURNED
MOTION by Bonges to adjourn at 8:06 p.m.; SECOND by Brisson. Unanimously APPROVED.

Minutes approved by the Development Review Board this ___________ day of _____________, 2017.






_________________________________________________________________________________
Bruce Jenkins, Chair                                                                                                                           /kt

Draft filed with the Town Clerk this ___________ day of _____________, 2017.

Filed with the Town Clerk this ___________ day of _____________, 2017.