Our mission is to collaborate with the community to plan, protect and advance Milton's quality of life.

Tuesday, March 28, 2017

3/23/17 Development Review Board - Draft Meeting Minutes

DEVELOPMENT REVIEW BOARD DRAFT MEETING MINUTES
Meeting Type:               Regular Meeting
Date:                            Thursday, March 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

1. CALL TO ORDERThe Chair called the meeting to order at 7:03 p.m.

2. ATTENDANCEMembers Present: Bruce Jenkins, Chair; Julie Rutz, Clerk; David Conley; Jessica Groeling, Alternate.
Members Absent: Henry Bonges, Vice Chair; Robert Brisson
Staff Present: Jeff Castle, Town Planner.
Public Present: Matthew Lavigne, Jillian C. Kirk, William M. Kirk II, Tom Marble.

3. AGENDA REVIEWNone.

4. PUBLIC FORUMNone.

5. OLD HEARINGS/BUSINESSNone.

6. NEW HEARINGS/BUSINESS
6(A). Site Plan & Conditional Use – Matthew Lavigne & William Kirk, Applicants/David Goodrich Properties LLC, Owner – 496 Route 7 South.


The Chair read the following summary to open the hearing:

Matthew Lavigne & William Kirk, Applicants/David Goodrich Properties LLC, Owner request Site Plan and Conditional Use approval to expand a non-conforming use and to operate a Vendor Sales facility for the purpose of retail sales of consumer fireworks. Access is proposed off Route 7, and no changes are proposed to the existing water and wastewater service. The property is located at 496 Route 7 South in the Checkerberry (M4) Zoning District and Town Core Planning Area. The property contains approximately 10.98 acres and is described as SPAN 12283, Tax Map 7, Parcel 15-1.

The Chair administered the Oath to Interested Persons. Representing the Applicant were Matthew Lavigne and William M. Kirk II, hereafter referred to as “applicant(s).”

Staff presented two additional exhibits:

1) A letter from an adjoining property owner, which was received that day and was read aloud.

2) Groeling had asked for an explanation of VT fireworks law, so Staff shared a brief, 1-page printout from the State of Vermont Division of Fire Safety.

In response to the following numbered items within the Staff Report:
1. The applicant clarified for the Development Review Board the proposed location of the tent within the lot, stating it would be about equal distance from both Racine Road and US Route 7. The need for a site visit was not discussed in detail.
2. The Chair read a Technical Advisory Committee (TAC) comment from the Police Chief; the applicants confirmed that the law has not changed regarding possession of fireworks and that it is illegal to possess them without a permit. The applicants cannot legally require that any customer have a permit to purchase the fireworks, as the law does not require that. The applicants stated that they notify the purchaser of the need for a local permit, take copies of a first-time customer’s driver’s license, and provide safety information.
3. The applicant agreed to operate under the safety measures as described in the submitted “Business Essay” and attached to the Staff Report. Groeling asked about the amount of fireworks they would be storing on-site; the applicant estimated it would be well below the allowable limit. Questions about storage were asked and answered.
4. The applicant stated the proposed tent and storage containers will be left on site outside of business operation hours, comparing the site to a jewelry store that secures the jewelry in a safe overnight, but the store remains.
5. The Chair asked the applicants if they plan to set off fireworks on the site or nearby. The applicant stated that they absolutely would not be doing so.
6. The applicant stated that as long as safety distances are maintained and there is no smoking, the proposal should not have any more impact than other proposals. The applicants included information that addresses public health and safety in their application.
7. The DRB and the applicants discussed the potential traffic impact. The applicants acknowledged that traffic increases around July 4th but was otherwise dispersed. Groeling asked about the location of the highway access; this was discussed.
8. There was no discussion of the following item: “In granting such CONDITIONAL USE, the Development Review Board may attach such additional reasonable conditions and safeguards as it may deem necessary to implement the provisions and intentions of these Regulations and the Milton Comprehensive Plan.”
9. The applicant agreed that the proposed Vendor Sales shall cease and all tents, storage containers, and other site improvements associated with this proposal shall be removed by August 31, 2017.
10. The applicant agreed the potential Conditional Use and associated Site Plan approval shall expire on August 31, 2017. The applicants stated they might run out of inventory prior to that date.
11. The applicant agreed the Final Plan shall include the accurate location and dimensions of all proposed improvements including the tent, storage containers, and parking. The applicant stated there will be a handicapped parking spot marked and that a 20-foot fire lane must be maintained, per the Fire Marshall.
12. Regarding the following item, “The DRB may grant the requested waivers from the application requirement of ZR803.6, ZR803.7, ZR803.8, ZR803.9, and ZR803.10, or request any other date or information that its views as necessary in applying Site Plan Review standards,” the Chair asked about outdoor lighting. The applicant stated none was planned. Discussion followed and the applicants stated they would be willing to put up solar lights if the Board deemed it necessary. Groeling asked about hours of operation; the applicant stated they would typically be open from approximately 10:00 a.m. to 8:30 p.m., or dusk.
13. The DRB discussed the appropriateness of the existing landscaping and screening.
14. The DRB discussed the adequacy of the proposed parking.
15. The applicant agreed the site plan shall contain the location of signs identifying ADA parking spaces.
16. The applicant agreed a 20-foot fire lane will be maintained around the tent at all times and shall be indicated on the final plans.
17. The applicant agreed at least one bicycle parking or storage facility shall be provided and its location indicated on the Final Plans.
18. The DRB discussed the adequacy of outdoor lighting.
19. The applicant stated they would not have a sign “on the ground” and that the only sign would be on the trailer. Conley asked about signs stating that a patron must be 18 to purchase fireworks; the applicant stated they actively card anyone who looks of questionable age and would be open to putting up such a sign if necessary.
20. There was no discussion of the following item: “The Applicant shall 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.”
21. 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.
22. The applicant agreed a Zoning Permit is required prior to construction/use and an associated Certificate of Compliance is required after construction is complete (and prior to occupation/use).
23. The applicant agreed that, if approved, the Conditional Use approval shall expire one year from the date of issue if it does not receive a CO by this date, and that the applicant may apply to the Zoning Administrator for a single one-year extension for the identical project only if more time is needed.
24. The applicant agreed that in addition to any other remedies provided for by law, a Zoning Permit, Sign Permit, Conditional Use approval, or Site Plan approval may be revoked by the Zoning Administrator or Development Review Board, whichever granted the permit or approval, for violation of these Regulations or the terms and conditions of the permit or approval.
25. The DRB had a few remaining comments and concerns. Conley asked about fire extinguishers; the applicant confirmed they would be on-site. The applicant stated that the Fire Marshall will do a final safety inspection. Groeling asked about their busiest times. The applicant stated weekday evenings and weekends. The Chair asked if they opened earlier during the weekend and the applicant replied that occasionally, during the busiest time of June, they might open at 8 or 9 a.m.

The applicants then addressed the concerns voiced in the letter from the adjoining property owner.

Hearing no furthers questions or comments, the Chair closed the Hearing at 7:50 p.m.

7. OTHER BUSINESS
Staff gave a brief update on upcoming DRB hearings: 

· The 4/13/17 meeting currently has the following hearings(s) scheduled an Appeal of the Decision of the Zoning Administrator, and a Minor Conventional Subdivision Final Plan.

Rutz advised that she will not be able to attend the 4/27/17 meeting.

Staff reminded the group about the upcoming Transportation Forum (the second in an installation of 2017 Planning Forums), scheduled for 3/29/17.

8. MINUTES
8(A). Minutes of March 9, 2017

MOTION by Conley to accept the Minutes of March 9, 2017 as written; SECOND by Rutz. Unanimously APPROVED.

9. DECISIONS SIGNED
9(A).  Boundary Line Adjustment & Site Plan – Gonyeau Road – Smith Brothers of Hinesburg, LLC, Applicants/Owners. 

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___4______;NO________;ABSTAIN________;ABSENT____1____;RECUSAL________

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

9(B).  Boundary Line Adjustment – 79 Misty Bay Road & 1658 Lake Road – Peter Hayes, Hayes Family Trust and Timothy & Donna Hayes, Applicants/Owners. 

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___4______;NO________;ABSTAIN________;ABSENT___1_____;RECUSAL________

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

10. ADJOURNED
MOTION by Rutz to adjourn at 8:00 p.m.; SECOND by Conley.  Unanimously APPROVED.   
 Minutes approved by the Development Review Board this ___________ day of _____________, 2017.

____________________________________________________________________________________
Bruce Jenkins, Chair                                                                                                                              /kt

Draft filed with the Town Clerk this _____28th______ day of __March______, 2017.

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