Meeting Type: Regular Meeting
Date: Thursday, March 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
1. CALL TO ORDER
The Chair called the meeting to order at 7:07 p.m.
2. ATTENDANCE
Members Present: Bruce Jenkins, Chair; Julie Rutz, Clerk; Robert Brisson; David Conley.
Members Absent: Henry Bonges, Vice Chair; Jessica Groeling, Alternate.
Staff Present: Jeff Castle, Town Planner.
Public Present: Jon Pizzagalli; Stephen Vock.
3. AGENDA REVIEW
None.
4. PUBLIC FORUM
None.
5. OLD HEARINGS/BUSINESS
5(A). Continued from February 23, 2017: Site Plan and Boundary Line Adjustment Hearing – Catamount Drive – 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 Jon Pizzagalli, hereafter referred to as “applicant(s).”
The Applicant confirmed that there are changes proposed to the building and to the elevations, but that the changes were not major in nature and the building footprint remains unchanged. A summary sheet of the proposed changes was presented and reviewed. Staff noted that the Fire Department will need access to the newly proposed gate.
Hearing no further comments or questions, the Chair closed the Hearing at approximately 7:25 p.m.
6. NEW HEARINGS/BUSINESS
6(A). Minor Conventional Subdivision Final Plan, Site Plan & Conditional Use – J&M Sand/Applicant & Jenkins Family Trust/Owner – 297 McMullen Road.
The Chair read the following summary to open the hearing:
J&M Sand/Applicant & Jenkins Family Trust/Owner request Final Plan approval for a Minor Conventional Subdivision, as well as Site Plan and Conditional Use approval, located at 297 McMullen Road. The proposal would result in three (3) lots. An existing single-family dwelling would remain on Lot 1, a commercial earth and mineral extraction use is proposed on Lot 2, and Lot 3 has no proposed use at this time. The property is described as SPAN number 11702, Tax Map 8, Parcel 4. The subject property contains approximately 78 acres and is located within the “Agricultural/Rural Residential” (R5) and “Flood Hazard” (FH) Zoning Districts and East Milton Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicant were Paul Jarvis and Scott Homsted of Krebs & Lansing Consulting Engineers, hereafter referred to as “applicant(s).” Homsted gave a brief summary of the proposal, reviewing the project’s access, screening and operational details.
In response to the following numbered items within the Staff Report:
1. The applicant agreed that the DRB may require that the applicant schedule a site visit prior to final plat hearing.
2. The applicant stated that, other than a possible shipping container used for tool storage, no structures are proposed to be placed on Lot 2. Staff advised that the shipping container would need to be shown on the Site Plan. The applicant agreed that all proposed structures shall be shown on the site plan.
3. The applicant agreed the Final Plat will contain a title identifying it as a subdivision plat.
4. The applicant stated that the each lot will be surveyed if required, but they prefer to survey only those boundary lines that are being changed.
5. The applicant agreed that the Surveyor will submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
6. The applicant discussed the Section 700 Subdivision Standards for Evaluation, stating that they feel they have addressed all requirements.
7. The applicant agreed that the final plans will address all Technical Advisory Committee (TAC) comments and concerns. The applicant stated he was happy to address all issues noted by the TAC.
8. In regards to potential uses remaining after the sand pit is closed, the applicant felt the list could be endless. At this time, the tentative plan is to simply replace the topsoil and reseed. The applicant listed a few options, such as a solar array or housing development. Conley asked how deep the excavation could be; the applicant stated 2-3 from the water table.
9. The applicant agreed that the project shall be completed, operated, and maintained as set forth in accordance with the plans and exhibits and as approved by the DRB and on file in the Planning and Zoning Department.
10. The applicant agreed that, unless otherwise altered by a subsequent Conditional Use approval, the annual extraction rate shall not exceed 40,000 cubic yards, and shall end by July 1, 2027; site restoration shall be complete by November 1 of 2027, at which point the Town shall pull the restoration bond if the work is not complete to the satisfaction of the Zoning Administrator and Director of Public Works. It shall be the responsibility of the applicant to ensure that Town staff is given adequate time to inspect. The Chair asked about adding a condition that restoration be complete within 6 months of the closure of the sand pit, in case the pit closes prior to 2027. The applicant stated they were fine with such a condition.
11. The applicant agreed that hours of operation shall be limited to 7:00 a.m. to 5 p.m. Monday through Friday, with no operations on Saturdays, Sundays, State and Federal holidays, or Green Up Day.
12. The applicant agreed that there shall be no operations during the months of January, February, March or April (until roads open), or after December 21, except by special permit, and that no operations are allowed during the Town of Milton’s posted spring thaw period.
13. The applicant agreed that special permits for extraction outside of the normal extraction season shall only be granted by the DRB after public hearing under the Conditional Use criteria of the Zoning Regulations (ZR500), but added that they would prefer that this could be done administratively, versus having to return the DRB each time.
14. The applicant agreed that the average number truckloads per day (within any given 5-day period between Monday and Friday) shall not exceed 20, and that the maximum number of truckloads shall never exceed 10 per hour, 60 per day, and 400 per month.
15. The applicant agreed that it is the obligation of the facility operator to ensure that truckloads are securely covered by a tarp prior to exiting the facility.
16. The applicant agreed that truckloads shall never exceed an average of 14 cubic yards during the period of extraction, and the maximum load shall not exceed 16 cubic yards.
17. The applicant agreed to maintain and operate a counting device during periods of extraction to track the number of loaded trucks leaving the pit each day and each month, to maintain a daily logbook to record the number of trucks and the volume of material contained in each truck, tha the logbook shall be sent to the Zoning Administrator on a quarterly basis and be made available upon request within 2 business days of receipt, and that officials of the Town may inspect the counting device at any time without prior notice.
18. The applicant agreed that all trucks serving the facility shall comply with the Town's Gross Weight Limits Ordinance (available online), and that where any discrepancy exists between conditions of this approval and the Ordinance, the more restrictive provision shall apply.
19. The applicant agreed to notify all customers and users of the facility by individual notice when contracts are entered into or orders are taken, in writing and by telephone, and shall post a sign to this effect at the entrance gate: that trucks shall not enter the surrounding neighborhood prior to 7 a.m., and are specifically prohibited from waiting at the entrance to the facility with their engines running. The applicant agreed that all trucks will be directed to wait in areas of Town isolated from residential buildings prior to 7 a.m., at which time the trucks may proceed to the facility, and that under no circumstances shall trucks stand on any residential street in the R7 District. Conley asked about “Jake-braking” and the associated noise. The applicant agreed that, if the DRB required it, a sign could be utilized to discourage this. A discussion followed regarding where trucks may potentially wait for the site to open. The applicant understood the DRB’s concerns, but felt that the issue was a little bit outside of their control, as they have no authority to tell any given truck driver what to do or where to go outside of their visit to the sandpit. However, if a spot must be chosen, the applicant recommended the Park-and-Ride as a waiting/staging area.
20. The applicant agreed the operation shall not exceed a maximum "open" exposure area of 3 acres, and that previously excavated pit areas shall be reclaimed with topsoil, seed, and mulch as new areas are opened.
21. The applicant agreed that all signage indicated on the final plans shall be installed prior to operation and maintained in good conditions during period of operation and that the signs shall be removed upon closure. The applicant understood that all work with the public right-of-way requires a highway access permit.
22. The applicant agreed that trucks exiting the facility shall proceed from McMullen Road to Hobbs Road, to Bombardier Road to Centre Drive, and may then proceed north or south on US Route 7. The applicant agreed that use of East Road, Railroad Street, North Road, and Middle Road shall be prohibited.
23. The applicant agreed that dust shall be controlled by applying water and/or calcium chloride.
24. The applicant confirmed that they will carefully follow the Sand Pit Extraction Plan and all erosion control provisions included in the application and plans to protect the Mallets Creek watershed.
25. The applicant stated they would like to use on-site material to construct the proposed berming, so they would like this condition revised to allow that. The applicant felt it did not make sense to bring in material to an excavation site.
26. The applicant agreed the final site plans will show the gates included in the written excavation plan, and that the DRB may determine the adequacy of fencing, landscaping, dust control, and noise mitigation.
27. The applicant explained how the plan addresses each aspect of ZR860.3, speaking to drainage and run-off, soil stabilization, etc.
28. The applicant agreed to revise their cost of restoration to include the cost to reclaim 3 acres of area.
29. The applicant agreed to provide a suitable bond to ensure that the area is reclaimed in the event that things don't go as planned and that the surety shall be established prior to being eligible for a zoning permit.
30. The applicant agreed that a landscaping surety shall be required to guarantee the completion of the approved landscaping and will be held to guarantee survival for a period of three years from installation, and that the surety must be established prior to the issuance of a Zoning Permit.
31. The applicant felt the proposed landscaping plan is adequate to ensure that the pit and/or equipment would not generally be visible from any adjacent property at any time of year, though an absolute guarantee that no residence will ever view the operation was not feasible. The applicant stated they have made efforts to screen the operation.
32. The applicant hoped that the DRB would require no official designated parking space(s), as there is only one employee and the parking spot will change over time as the extraction area moves.
33. The applicant agreed that final plans shall accurately depict all driveways in compliance with this decision.
34. The applicant agreed that final plans shall label the radii of all curb returns in compliance with ZR814.5.
35. The applicant agreed final plans shall show a visibility triangles in compliance with ZR815.1 and 815.2; and all obstructions shall be removed from these triangles.
36. The applicant stated they will find a spot for someone to store their bicycle should that need arise, but did not feel that a bicycle rack was necessary. .
37. The applicant agreed all signs shall be in permitted, maintained and in compliance with ZR830.
38. The applicant felt they would be eligible for a waiver, as there is going to be no plumbed facilities; therefore they would like this Item revised to read, “The Applicant must obtain Wastewater and Potable Water Supply permit, or a waiver, from the State prior to obtaining a Zoning Permit.”
39. The applicant agreed to show all accessory structures on the final plans.
40. The applicant agreed that driveways must be built to the DRIVEWAY specifications as defined in the Public Works Specifications, and that the final plans shall include specifications demonstrating compliance.
41. The applicant agreed to install additional signage at their expense if the Town feels it is needed to ensure safety or reduce accidents. Operations shall cease 35-days after notice until required signs are installed.
42. The applicant agreed the final plans shall label driveway turn radii in compliance with ZR593.5.
43. The applicant agreed that the use of a shared driveway shall require a legally binding agreement for the perpetual maintenance of the driveway by future owners of lots within the subdivision or for any lot utilizing the right-of-way for access regardless of whether said lot was created through the subdivision, but felt that a Homeowners Association was not necessary, especially given that only one homeowner would be a part of it.
44. The applicant agreed that before a Certificate of Compliance is granted by the Zoning Administrator, all new curb cuts or amended curb cuts to an existing public road, or driveways on a future public road, shall be inspected by the Town Engineer or Highway Superintendent to ensure compliance. The applicant understood that a highway access permit is required prior to being eligible for a Zoning Permit.
45. The applicant agreed to address any of the DRB's remaining concerns related ZR500 or ZR802.2 standards. Brisson inquired about visibility at the existing driveway; the applicant replied this would be addressed.
46. 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 he revised plans must be deemed Final by the Town Planner prior to being eligible for a Zoning Permit from the Zoning Administrator.
47. The applicant agreed a Zoning Permit (ZP) is required prior to construction/use and an associated Certificate of Compliance (CO) is required after construction is complete (and prior to occupation/use). Staff clarified that the ZP/CO would likely cover the driveway, gate, and such, not the pit itself.
48. 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.
49. The applicant agreed that the Conditional Use approval shall expire one year from the date of issue if it does not receive a CO by this date, and understood that they may apply to the Zoning Administrator (ZA) for a single one-year extension for the identical project only if more time is needed.
50. 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 ZA or DRB, whichever granted the permit or approval, for violation of these Regulations or the terms and conditions of the permit or approval.
51. The applicant stated they have already submitted $500 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).
52. 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.
53. 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, as well as 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.
54. 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 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.
Hearing no furthers questions or comments, the Chair closed the Hearing at 8:30 p.m.
6(B). Boundary Line Adjustment –- Hayes Family Irrevocable Trust c/o Peter Hayes, Trustee and Timothy & Donna Hayes, Owners/Applicants – 79 Misty Bay Road & 1658 Lake Road.
The Chair read the following summary to open the hearing:
Hayes Family Irrevocable Trust c/o Peter Hayes, Trustee and Timothy & Donna Hayes, Owners/Applicants request Boundary Line Adjustment approval to adjust the property boundaries between two adjacent lots located at 79 Misty Bay Road and 1658 Lake Road described as SPAN#s 11520 & 11521 and Tax Map 44, Parcels 7 & 18. The subject properties contain a total of approximately 30.95 acres and are located within the Shoreland Residential (R6), Agricultural/Rural Residential (R5) and Flood Hazard (FH) Zoning Districts and the West Milton Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicants was Peter Hayes, hereafter referred to as “applicant(s).” The Applicant shared the history of the proposal, which he feels is not a true boundary line adjustment, but rather is necessary to correct a previously recorded, incorrect plat.
In response to the following numbered items within the Staff Report:
1. The applicant stated they are not building or moving anything, just fixing the mylar, in regards to the following Item: “The Final Plat shall include the location of all improvements as required by SR610.1(7) unless these requirements are waived by the DRB.”
2. The applicant agreed that the Plat shall clearly indicate the property that is being transferred. At this time, the applicant had questions about how to label the on-site septic system. The DRB and the applicant agreed it may be drawn on to the existing plat.
3. The applicant agreed that all conditions of prior DRB Boundary Line Adjustment approvals remain in full force and effect, except as specifically amended in this approval.
4. (NOTE: Beginning with this Agenda item, the numbered items within the Staff Report erroneously began again at “1.” The numbers have been corrected within these Meeting Minutes.) The applicant agreed to submit $500 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).
5. 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.
6. The applicant agreed to submit one paper or PDF version of the revised final Plat for review and approval by Staff prior to submitting the Final Plat, and to also submit one full-sized (to scale) paper Final Plat and one 11x17 paper plat depicting any requested changes, to be maintained in the Planning Office’s application file.
7. The applicant agreed that the Final Survey Plat shall be in compliance with SR610 and 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 SR940. 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.
MOTION by Conley to APPROVE the Boundary Line Adjustment application for the Hayes Family Irrevocable Trust and Timothy & Donna Hayes located at 79 Misty Bay Road and 1658 Lake Road. SECOND by Rutz. Unanimously APPROVED.
6(C). Site Plan – Billy & April Jenkins, Applicants/Advance Towing & Repair, Owner –- 26 River Street.
The Chair read the following summary to open the hearing:
Billy & April Jenkins, Applicants/Advance Towing & Repair, Owner request Site Plan approval to construct an approximately 2,070 square foot addition on an existing structure for a proposed personal service use. The property is located at 26 River Street and is described as Tax Map 32, Parcel 22 and SPAN 11458. The property consists of approximately 0.66 acres and is located within the Old Towne Residential/Commercial (M5) Zoning District and Town Core Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicants were Billy & April Jenkins, hereafter referred to as “applicant(s).”
In response to the following numbered items within the Staff Report:
1. The DRB will determine whether or not a site visit is necessary.
2. The applicant agreed to verify the property area and proposed lot coverage.
3. The applicant stated that they are attempting to reduce the lot coverage to be in compliance with the 50% lot coverage maximum. The applicant explained that a Variance may be necessary if the lot coverage cannot be reduced enough to achieve compliance.
4. The applicant agreed that any portion of the parking area that is not located on the subject property will be removed and all parking areas will be contained on the subject property.
5. The applicant agreed the Site Plan shall clearly indicate the distance from the proposed building to the nearby brook.
6. The applicant agreed that any proposed trash or garbage containers shall be indicated on the site plan and be appropriately screened in accordance with ZR806.8.
7. The DRB and the applicant discussed the proposed landscaping.
8. The applicant agreed to provide a landscaping surety to guarantee the completion of the approved landscaping, to submit a written cost estimate for the proposed trees from a landscape contractor, and that a performance bond shall guarantee their survival for three years from installation. The applicant understood the surety must be established prior to the issuance of a Zoning Permit.
9. The DRB and the applicant discussed the proposed parking.
10. The applicant agreed the site plan shall contain the location of signs identifying ADA parking spaces.
11. The applicant explained some of the difficulties in meeting the following item: “Green space between the parking and the Route 7 right-of-way should be present for the entire length of the parking spaces adjacent to the right-of way to meet the standard of ZR812.4.” The applicant stated that, with the size of the parcel, the parking arrangement, and the proposed flower beds, this might not be possible, but they are attempting to narrow the existing highway access as much as possible.
12. The applicant agreed that a letter of intent shall be submitted from the Vermont Agency of Transportation for any changes to access to Route 7.
13. The applicant agreed the number of driveways shall not be more than one unless specifically approved by the Development Review Board.
14. The applicant agreed that all internal drives and aisles shall be 24 feet in width for two-way traffic and 90 degree parking spaces.
15. There was not a lot of discussion regarding the following item: “The access to Route 7 shall be reduced to only a 24 foot wide access driveway. If approved by the DRB, any additional highway access shall be reduced to 24 feet in accordance to ZR814.4, Width of Access Driveways.” In reply to an inquiry, the applicant stated it is currently 102 feet wide.
16. The DRB and the applicant discussed the adequacy of the proposed outdoor lighting.
17. The applicant agreed that all proposed lighting shall meet the specifications as described in ZR820.
18. The applicant agreed that any proposed business sign shall meet the sign standards of ZR830. The applicant stated that to begin with, they will be moving their existing sign to the new location.
19. The applicant agreed to place a key box at the entrance, per the request of the Fire Department/Technical Advisory Committee.
20. The applicant agreed to obtain all required State permits and approvals prior to construction, adding that much of this has already been done.
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.
Brisson asked about a flower box location (abutting the sidewalk) and handicapped parking spot(s). Alternative locations were discussed and the applicant agreed to push the flower boxes back from the sidewalk. Brisson also noted that the loading zone needs to be marked. Lot coverage, and its relation to the number of parking spots, was discussed again.
Hearing no further comments, the Chair closed the hearing at 9:17 p.m.
7. OTHER BUSINESS
Staff shared a quick update on upcoming DRB hearings:
· The 3/23/17 meeting currently has the following hearing(s) scheduled: a Site Plan and Conditional Use application.
· 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.
8. MINUTES
8(A). Minutes of February 23, 2017
MOTION by Rutz to accept the Minutes of February 23, 2017 as written; SECOND by Conley. Unanimously APPROVED.
9. DECISIONS SIGNED IN DELIBERATIVE SESSION
9(A). Amendment Application, Type “A” Planned Residential Development (PRD) – Erin Court – Cameron’s Run LLP, 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 BY A VOTE OF:
YES___5______;NO________;ABSTAIN________;ABSENT________;RECUSAL________
Vote taken in Deliberative Session February 23, 2017. Written Decision signed and dated at Milton, Vermont, March 9, 2017.
9(B). Minor Conventional Subdivision Sketch Plan & Variance – 947-951 US Route 7 South – Stannard House Committee, Applicant/Miller Realty Group LLP, Owner.
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 Open Session January 26, 2017. Written Decision signed and dated at Milton, Vermont, March 9, 2017.
10. ADJOURNED
MOTION by Conley to adjourn at 9:22 p.m.; SECOND by Rutz. Unanimously APPROVED.
Minutes approved by the Development Review Board this ___________ day of _____________, 2017.
_________________________________________________________________________________
Bruce Jenkins, Chair /kt
Draft filed with the Town Clerk this __14th_________ day of ____March_________, 2017.
Filed with the Town Clerk this ___________ day of _____________, 2017.
4. The applicant stated that the each lot will be surveyed if required, but they prefer to survey only those boundary lines that are being changed.
5. The applicant agreed that the Surveyor will submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
6. The applicant discussed the Section 700 Subdivision Standards for Evaluation, stating that they feel they have addressed all requirements.
7. The applicant agreed that the final plans will address all Technical Advisory Committee (TAC) comments and concerns. The applicant stated he was happy to address all issues noted by the TAC.
8. In regards to potential uses remaining after the sand pit is closed, the applicant felt the list could be endless. At this time, the tentative plan is to simply replace the topsoil and reseed. The applicant listed a few options, such as a solar array or housing development. Conley asked how deep the excavation could be; the applicant stated 2-3 from the water table.
9. The applicant agreed that the project shall be completed, operated, and maintained as set forth in accordance with the plans and exhibits and as approved by the DRB and on file in the Planning and Zoning Department.
10. The applicant agreed that, unless otherwise altered by a subsequent Conditional Use approval, the annual extraction rate shall not exceed 40,000 cubic yards, and shall end by July 1, 2027; site restoration shall be complete by November 1 of 2027, at which point the Town shall pull the restoration bond if the work is not complete to the satisfaction of the Zoning Administrator and Director of Public Works. It shall be the responsibility of the applicant to ensure that Town staff is given adequate time to inspect. The Chair asked about adding a condition that restoration be complete within 6 months of the closure of the sand pit, in case the pit closes prior to 2027. The applicant stated they were fine with such a condition.
11. The applicant agreed that hours of operation shall be limited to 7:00 a.m. to 5 p.m. Monday through Friday, with no operations on Saturdays, Sundays, State and Federal holidays, or Green Up Day.
12. The applicant agreed that there shall be no operations during the months of January, February, March or April (until roads open), or after December 21, except by special permit, and that no operations are allowed during the Town of Milton’s posted spring thaw period.
13. The applicant agreed that special permits for extraction outside of the normal extraction season shall only be granted by the DRB after public hearing under the Conditional Use criteria of the Zoning Regulations (ZR500), but added that they would prefer that this could be done administratively, versus having to return the DRB each time.
14. The applicant agreed that the average number truckloads per day (within any given 5-day period between Monday and Friday) shall not exceed 20, and that the maximum number of truckloads shall never exceed 10 per hour, 60 per day, and 400 per month.
15. The applicant agreed that it is the obligation of the facility operator to ensure that truckloads are securely covered by a tarp prior to exiting the facility.
16. The applicant agreed that truckloads shall never exceed an average of 14 cubic yards during the period of extraction, and the maximum load shall not exceed 16 cubic yards.
17. The applicant agreed to maintain and operate a counting device during periods of extraction to track the number of loaded trucks leaving the pit each day and each month, to maintain a daily logbook to record the number of trucks and the volume of material contained in each truck, tha the logbook shall be sent to the Zoning Administrator on a quarterly basis and be made available upon request within 2 business days of receipt, and that officials of the Town may inspect the counting device at any time without prior notice.
18. The applicant agreed that all trucks serving the facility shall comply with the Town's Gross Weight Limits Ordinance (available online), and that where any discrepancy exists between conditions of this approval and the Ordinance, the more restrictive provision shall apply.
19. The applicant agreed to notify all customers and users of the facility by individual notice when contracts are entered into or orders are taken, in writing and by telephone, and shall post a sign to this effect at the entrance gate: that trucks shall not enter the surrounding neighborhood prior to 7 a.m., and are specifically prohibited from waiting at the entrance to the facility with their engines running. The applicant agreed that all trucks will be directed to wait in areas of Town isolated from residential buildings prior to 7 a.m., at which time the trucks may proceed to the facility, and that under no circumstances shall trucks stand on any residential street in the R7 District. Conley asked about “Jake-braking” and the associated noise. The applicant agreed that, if the DRB required it, a sign could be utilized to discourage this. A discussion followed regarding where trucks may potentially wait for the site to open. The applicant understood the DRB’s concerns, but felt that the issue was a little bit outside of their control, as they have no authority to tell any given truck driver what to do or where to go outside of their visit to the sandpit. However, if a spot must be chosen, the applicant recommended the Park-and-Ride as a waiting/staging area.
20. The applicant agreed the operation shall not exceed a maximum "open" exposure area of 3 acres, and that previously excavated pit areas shall be reclaimed with topsoil, seed, and mulch as new areas are opened.
21. The applicant agreed that all signage indicated on the final plans shall be installed prior to operation and maintained in good conditions during period of operation and that the signs shall be removed upon closure. The applicant understood that all work with the public right-of-way requires a highway access permit.
22. The applicant agreed that trucks exiting the facility shall proceed from McMullen Road to Hobbs Road, to Bombardier Road to Centre Drive, and may then proceed north or south on US Route 7. The applicant agreed that use of East Road, Railroad Street, North Road, and Middle Road shall be prohibited.
23. The applicant agreed that dust shall be controlled by applying water and/or calcium chloride.
24. The applicant confirmed that they will carefully follow the Sand Pit Extraction Plan and all erosion control provisions included in the application and plans to protect the Mallets Creek watershed.
25. The applicant stated they would like to use on-site material to construct the proposed berming, so they would like this condition revised to allow that. The applicant felt it did not make sense to bring in material to an excavation site.
26. The applicant agreed the final site plans will show the gates included in the written excavation plan, and that the DRB may determine the adequacy of fencing, landscaping, dust control, and noise mitigation.
27. The applicant explained how the plan addresses each aspect of ZR860.3, speaking to drainage and run-off, soil stabilization, etc.
28. The applicant agreed to revise their cost of restoration to include the cost to reclaim 3 acres of area.
29. The applicant agreed to provide a suitable bond to ensure that the area is reclaimed in the event that things don't go as planned and that the surety shall be established prior to being eligible for a zoning permit.
30. The applicant agreed that a landscaping surety shall be required to guarantee the completion of the approved landscaping and will be held to guarantee survival for a period of three years from installation, and that the surety must be established prior to the issuance of a Zoning Permit.
31. The applicant felt the proposed landscaping plan is adequate to ensure that the pit and/or equipment would not generally be visible from any adjacent property at any time of year, though an absolute guarantee that no residence will ever view the operation was not feasible. The applicant stated they have made efforts to screen the operation.
32. The applicant hoped that the DRB would require no official designated parking space(s), as there is only one employee and the parking spot will change over time as the extraction area moves.
33. The applicant agreed that final plans shall accurately depict all driveways in compliance with this decision.
34. The applicant agreed that final plans shall label the radii of all curb returns in compliance with ZR814.5.
35. The applicant agreed final plans shall show a visibility triangles in compliance with ZR815.1 and 815.2; and all obstructions shall be removed from these triangles.
36. The applicant stated they will find a spot for someone to store their bicycle should that need arise, but did not feel that a bicycle rack was necessary. .
37. The applicant agreed all signs shall be in permitted, maintained and in compliance with ZR830.
38. The applicant felt they would be eligible for a waiver, as there is going to be no plumbed facilities; therefore they would like this Item revised to read, “The Applicant must obtain Wastewater and Potable Water Supply permit, or a waiver, from the State prior to obtaining a Zoning Permit.”
39. The applicant agreed to show all accessory structures on the final plans.
40. The applicant agreed that driveways must be built to the DRIVEWAY specifications as defined in the Public Works Specifications, and that the final plans shall include specifications demonstrating compliance.
41. The applicant agreed to install additional signage at their expense if the Town feels it is needed to ensure safety or reduce accidents. Operations shall cease 35-days after notice until required signs are installed.
42. The applicant agreed the final plans shall label driveway turn radii in compliance with ZR593.5.
43. The applicant agreed that the use of a shared driveway shall require a legally binding agreement for the perpetual maintenance of the driveway by future owners of lots within the subdivision or for any lot utilizing the right-of-way for access regardless of whether said lot was created through the subdivision, but felt that a Homeowners Association was not necessary, especially given that only one homeowner would be a part of it.
44. The applicant agreed that before a Certificate of Compliance is granted by the Zoning Administrator, all new curb cuts or amended curb cuts to an existing public road, or driveways on a future public road, shall be inspected by the Town Engineer or Highway Superintendent to ensure compliance. The applicant understood that a highway access permit is required prior to being eligible for a Zoning Permit.
45. The applicant agreed to address any of the DRB's remaining concerns related ZR500 or ZR802.2 standards. Brisson inquired about visibility at the existing driveway; the applicant replied this would be addressed.
46. 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 he revised plans must be deemed Final by the Town Planner prior to being eligible for a Zoning Permit from the Zoning Administrator.
47. The applicant agreed a Zoning Permit (ZP) is required prior to construction/use and an associated Certificate of Compliance (CO) is required after construction is complete (and prior to occupation/use). Staff clarified that the ZP/CO would likely cover the driveway, gate, and such, not the pit itself.
48. 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.
49. The applicant agreed that the Conditional Use approval shall expire one year from the date of issue if it does not receive a CO by this date, and understood that they may apply to the Zoning Administrator (ZA) for a single one-year extension for the identical project only if more time is needed.
50. 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 ZA or DRB, whichever granted the permit or approval, for violation of these Regulations or the terms and conditions of the permit or approval.
51. The applicant stated they have already submitted $500 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).
52. 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.
53. 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, as well as 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.
54. 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 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.
Hearing no furthers questions or comments, the Chair closed the Hearing at 8:30 p.m.
6(B). Boundary Line Adjustment –- Hayes Family Irrevocable Trust c/o Peter Hayes, Trustee and Timothy & Donna Hayes, Owners/Applicants – 79 Misty Bay Road & 1658 Lake Road.
The Chair read the following summary to open the hearing:
Hayes Family Irrevocable Trust c/o Peter Hayes, Trustee and Timothy & Donna Hayes, Owners/Applicants request Boundary Line Adjustment approval to adjust the property boundaries between two adjacent lots located at 79 Misty Bay Road and 1658 Lake Road described as SPAN#s 11520 & 11521 and Tax Map 44, Parcels 7 & 18. The subject properties contain a total of approximately 30.95 acres and are located within the Shoreland Residential (R6), Agricultural/Rural Residential (R5) and Flood Hazard (FH) Zoning Districts and the West Milton Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicants was Peter Hayes, hereafter referred to as “applicant(s).” The Applicant shared the history of the proposal, which he feels is not a true boundary line adjustment, but rather is necessary to correct a previously recorded, incorrect plat.
In response to the following numbered items within the Staff Report:
1. The applicant stated they are not building or moving anything, just fixing the mylar, in regards to the following Item: “The Final Plat shall include the location of all improvements as required by SR610.1(7) unless these requirements are waived by the DRB.”
2. The applicant agreed that the Plat shall clearly indicate the property that is being transferred. At this time, the applicant had questions about how to label the on-site septic system. The DRB and the applicant agreed it may be drawn on to the existing plat.
3. The applicant agreed that all conditions of prior DRB Boundary Line Adjustment approvals remain in full force and effect, except as specifically amended in this approval.
4. (NOTE: Beginning with this Agenda item, the numbered items within the Staff Report erroneously began again at “1.” The numbers have been corrected within these Meeting Minutes.) The applicant agreed to submit $500 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).
5. 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.
6. The applicant agreed to submit one paper or PDF version of the revised final Plat for review and approval by Staff prior to submitting the Final Plat, and to also submit one full-sized (to scale) paper Final Plat and one 11x17 paper plat depicting any requested changes, to be maintained in the Planning Office’s application file.
7. The applicant agreed that the Final Survey Plat shall be in compliance with SR610 and 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 SR940. 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.
MOTION by Conley to APPROVE the Boundary Line Adjustment application for the Hayes Family Irrevocable Trust and Timothy & Donna Hayes located at 79 Misty Bay Road and 1658 Lake Road. SECOND by Rutz. Unanimously APPROVED.
6(C). Site Plan – Billy & April Jenkins, Applicants/Advance Towing & Repair, Owner –- 26 River Street.
The Chair read the following summary to open the hearing:
Billy & April Jenkins, Applicants/Advance Towing & Repair, Owner request Site Plan approval to construct an approximately 2,070 square foot addition on an existing structure for a proposed personal service use. The property is located at 26 River Street and is described as Tax Map 32, Parcel 22 and SPAN 11458. The property consists of approximately 0.66 acres and is located within the Old Towne Residential/Commercial (M5) Zoning District and Town Core Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicants were Billy & April Jenkins, hereafter referred to as “applicant(s).”
In response to the following numbered items within the Staff Report:
1. The DRB will determine whether or not a site visit is necessary.
2. The applicant agreed to verify the property area and proposed lot coverage.
3. The applicant stated that they are attempting to reduce the lot coverage to be in compliance with the 50% lot coverage maximum. The applicant explained that a Variance may be necessary if the lot coverage cannot be reduced enough to achieve compliance.
4. The applicant agreed that any portion of the parking area that is not located on the subject property will be removed and all parking areas will be contained on the subject property.
5. The applicant agreed the Site Plan shall clearly indicate the distance from the proposed building to the nearby brook.
6. The applicant agreed that any proposed trash or garbage containers shall be indicated on the site plan and be appropriately screened in accordance with ZR806.8.
7. The DRB and the applicant discussed the proposed landscaping.
8. The applicant agreed to provide a landscaping surety to guarantee the completion of the approved landscaping, to submit a written cost estimate for the proposed trees from a landscape contractor, and that a performance bond shall guarantee their survival for three years from installation. The applicant understood the surety must be established prior to the issuance of a Zoning Permit.
9. The DRB and the applicant discussed the proposed parking.
10. The applicant agreed the site plan shall contain the location of signs identifying ADA parking spaces.
11. The applicant explained some of the difficulties in meeting the following item: “Green space between the parking and the Route 7 right-of-way should be present for the entire length of the parking spaces adjacent to the right-of way to meet the standard of ZR812.4.” The applicant stated that, with the size of the parcel, the parking arrangement, and the proposed flower beds, this might not be possible, but they are attempting to narrow the existing highway access as much as possible.
12. The applicant agreed that a letter of intent shall be submitted from the Vermont Agency of Transportation for any changes to access to Route 7.
13. The applicant agreed the number of driveways shall not be more than one unless specifically approved by the Development Review Board.
14. The applicant agreed that all internal drives and aisles shall be 24 feet in width for two-way traffic and 90 degree parking spaces.
15. There was not a lot of discussion regarding the following item: “The access to Route 7 shall be reduced to only a 24 foot wide access driveway. If approved by the DRB, any additional highway access shall be reduced to 24 feet in accordance to ZR814.4, Width of Access Driveways.” In reply to an inquiry, the applicant stated it is currently 102 feet wide.
16. The DRB and the applicant discussed the adequacy of the proposed outdoor lighting.
17. The applicant agreed that all proposed lighting shall meet the specifications as described in ZR820.
18. The applicant agreed that any proposed business sign shall meet the sign standards of ZR830. The applicant stated that to begin with, they will be moving their existing sign to the new location.
19. The applicant agreed to place a key box at the entrance, per the request of the Fire Department/Technical Advisory Committee.
20. The applicant agreed to obtain all required State permits and approvals prior to construction, adding that much of this has already been done.
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.
Brisson asked about a flower box location (abutting the sidewalk) and handicapped parking spot(s). Alternative locations were discussed and the applicant agreed to push the flower boxes back from the sidewalk. Brisson also noted that the loading zone needs to be marked. Lot coverage, and its relation to the number of parking spots, was discussed again.
Hearing no further comments, the Chair closed the hearing at 9:17 p.m.
7. OTHER BUSINESS
Staff shared a quick update on upcoming DRB hearings:
· The 3/23/17 meeting currently has the following hearing(s) scheduled: a Site Plan and Conditional Use application.
· 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.
8. MINUTES
8(A). Minutes of February 23, 2017
MOTION by Rutz to accept the Minutes of February 23, 2017 as written; SECOND by Conley. Unanimously APPROVED.
9. DECISIONS SIGNED IN DELIBERATIVE SESSION
9(A). Amendment Application, Type “A” Planned Residential Development (PRD) – Erin Court – Cameron’s Run LLP, 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 BY A VOTE OF:
YES___5______;NO________;ABSTAIN________;ABSENT________;RECUSAL________
Vote taken in Deliberative Session February 23, 2017. Written Decision signed and dated at Milton, Vermont, March 9, 2017.
9(B). Minor Conventional Subdivision Sketch Plan & Variance – 947-951 US Route 7 South – Stannard House Committee, Applicant/Miller Realty Group LLP, Owner.
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 Open Session January 26, 2017. Written Decision signed and dated at Milton, Vermont, March 9, 2017.
10. ADJOURNED
MOTION by Conley to adjourn at 9:22 p.m.; SECOND by Rutz. Unanimously APPROVED.
Minutes approved by the Development Review Board this ___________ day of _____________, 2017.
_________________________________________________________________________________
Bruce Jenkins, Chair /kt
Draft filed with the Town Clerk this __14th_________ day of ____March_________, 2017.
Filed with the Town Clerk this ___________ day of _____________, 2017.
