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Tuesday, April 18, 2017

4/13/17 Development Review Board Draft Meeting Minutes


DEVELOPMENT REVIEW BOARDMeeting Type: Regular Meeting
Date: Thursday, April 13, 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
Prior to the meeting, there was a site visit at 6:00 p.m., gathering at the Town Forest Parking lot (599 Westford Road) and proceeding to the James & Janet Harrison property on Westford Road.

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

2. ATTENDANCE
Members Present: Bruce Jenkins, Chair; Julie Rutz, Clerk; Robert Brisson.
Members Absent: Henry Bonges, Vice Chair; Jessica Groeling, Alternate.
Staff Present: Jeff Castle, Town Planner; Amanda Pitts, Zoning Administrator.
Public Present: Leonard Perry, Bonnie Pease, Pete Garceau, James Harrison, Nikki Criscolo, Scott Allard, Jodi Adams, Tamera Cary, Dan Rocheleau.

3. AGENDA REVIEW
None.

4. PUBLIC FORUM
None.

5. OLD HEARINGS/BUSINESS
None.

6. NEW HEARINGS/BUSINESS
6(A). Appeal of the Zoning Administrator’s Decision – Scott Allard, Applicant/Leslie J. Rowley Trust, Owner – 11 Checkerberry Square.

The Chair read the following summary to open the hearing:

Scott Allard, Applicant/Leslie J. Rowley Trust, Owner request an Appeal of the Zoning Administrator’s Decision regarding the issuance of a Violation located at 11 Checkerberry Square. The violation is for non-compliance with Conditions 3, 4 and 5 of the Development Review Board’s Decision dated 8/6/09, regarding the time and number of truck trips at the site. The property is described as SPAN 10343, Tax Map 7, Parcel 9-12; contains approximately 1.5 acres; and is located within the Checkerberry (M4) Zoning District and Town Core Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant was Scott Allard, hereafter referred to as “appellant.”

The Zoning Administrator gave an explanation of the Violation, as did the appellant. The appellant shared his view of the

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

1. The appellant stated that there were some deliveries have occurred outside of the desired hours, but that he has contacted the trucking company in each instance to notify them of the preferred hours. The appellant acknowledged that there was one delivery that occurred at approximately 4:00 a.m. in 2016, and was told of two in January 2017 that occurred at approximately 6:30 a.m.

2. The appellant stated that, at a maximum, there have been as many as 15 loads in a month, and as many as 3 per day, with a total of 76 loads over the past year. The appellant clarified that these were tanker trucks, not his own vehicles. He also stated that there have been instances when his supplier has only been able to deliver late at night or early in the morning, and his only choice at these times is to take the delivery, or be without any product to deliver to customers.

3. To minimize the disruption to neighbors and to accommodate a new tank, the appellant stated that he is currently seeking a new location.

4. The appellant felt that his response to item #3 addressed item #4, which read: “The Appellant shall state what ‘reasonable effort’ has been made to comply with Conditions 3, 4 and 5 of the August 6, 2009 DRB approval.” Rutz asked where the appellant was in the process of securing a new location. The appellant replied that Zoning Regulations now limit his location to the Catamount Industrial Park area and that his operation is not aesthetically pleasing enough for the Industrial Park; therefore he is attempting to purchase one of the few residential properties in that Zoning District so that he can relocate his business there. He stated that there are 3 homeowners who are currently obtaining appraisals for this reason.

5. The Chair felt that this item was to be discussed amongst the Board members: “The Development Review Board shall determine if the Zoning Administrator erred in issuing a Notice of Violation.”

Brisson expressed sympathy for the appellant, stating he has a business a few hundred feet from the site, and that when he purchased it, it was zoned as Industrial. This later changed to include Residential uses, which has led to some frustration for all parties.

Tamera Cary stated that, with the exception of the 4:00 a.m. incident, the early truck trips that she’s observed (between 5:00-6:30 a.m.) have been by Rowley Fuels trucks. Jody Adams stated that she called Rowley Fuels in regards to one of these trips, and was told that they do not have any required hours of operation. Adams felt that she had made a good faith effort to reach out to her neighbor, but that her only option at that point was to complain to the Town.

The appellant feels that conditions of the original approval were worded as “should” versus “shall” precisely because the Board at the time understood the need for flexibility as the business grows. The appellant feels this is not a matter of semantics; rather it is a matter of the legal definitions of these two words. Several Board members inquired about ways to improve the present situation. The appellant felt this was a moot point, as he does not feel he is violating his conditions of approval. The appellant further stated that, if he receives an emergency call in the middle of the night from a customer who’s out of fuel, he is going to fill his truck and deliver fuel to them, as heat is an obvious necessity in the winter.

Hearing no furthers questions or comments, the Chair closed the Hearing at 7:30 p.m.

6(B). Minor Conventional Subdivision Final Plan – James & Janet Harrison, Owners & Applicants – Westford Road.

The Chair read the following summary to open the hearing:

James & Janet Harrison, Owners/Applicants request Final Plan approval for a 3-lot Minor Conventional Subdivision located on Westford Road, described as SPAN #12349, Tax Map 16, Parcel 37. The lots would be accessed from a proposed private road and served by on-site water and wastewater. The subject property contains a total of 316 acres and is located within the Agricultural/Rural Residential (R5), Forestry/Conservation (FC), and Flood Hazard (FH) Zoning Districts and the East Milton Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant were James Harrison and Peter Garceau, hereafter referred to as “applicant(s).”

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

1. The group discussed what they observed during the site visit, specifically the elevations.

2. The applicants understood that any proposed easement that is to be granted to the Town for access to the Town owned cemetery shall be accompanied by a draft easement deed, that draft legal documents shall be reviewed and approved by the Town Attorney, and that final approval by the DRB shall not be deemed to constitute or be evidence of an acceptance by the Town of any street or easement shown on the Final Plat (such acceptance may only be accomplished by formal resolution of the Selectboard in accordance with SR960).

3. The applicants agreed the Final Plat shall include the address of the owner of record, the name, license number and seal of a licensed land surveyor.

4. The applicants agreed to provide three (3) proposed street names for the new private road to be reviewed and approved by the E911 coordinator and that proposed names must be distinct from existing road names in the 05468 zip code. The Chair asked about access to the cemetery ; access is being proposed with this application. Brisson asked about protections for the cemetery; the applicant replied that, as Town property, he could not build anything on that parcel (for example, a fence).

5. The applicant agreed that a 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 stated the Final Plat for the associated Boundary Line adjustment with the Perry property (approved by the DRB on December 21, 2016) was given to the Town Planner just prior this meeting, and will be recorded prior to the recording of any approved final plat for this subdivision.

7. The applicant agreed that the final plat and plans shall clearly indicate the area of all proposed lots excluding the proposed private right-of-way from the lot area calculation, and that all proposed lots must meet the Minimum Lot Area requirement of 400,000 square feet. Staff noted a discrepancy between the Site Plan and subdivision plat. The applicant explained why this occurred and stated the plat is correct and the Site Plan is not (the Site Plan will be updated to be accurate).

8. The applicant agreed the Private Road shall be constructed in compliance with ZR592 and the Public Works Specifications.

9. The applicant agreed to the following item: “Deeds or declarations creating private rights-of-way shall contain legally binding covenants, running with the land, absolving the Town from taking over said right-of-way as a Town highway; such covenants shall be included in the recorded deeds for each parcel created through the subdivision, and this condition shall be clearly indicated on the final subdivision plat for the development; such agreements shall inform all current and future land owners that the Town shall not be asked to maintain or take over the right of way in the future.” Both the applicant and the Chair agreed this does not preclude the Town from doing so if desired.

10. There was no discussion of the following item: “The DRB shall consider the section 700 Standards of Evaluation above.”

11. The applicant agreed to locate the proposed roadway and hammerhead as to minimize the disturbance and grading in proximity to the historic cemetery.

12. This item was read aloud as follows: “The DRB may employ an engineer to review the plans for streets and drainage. The costs of such engineer shall be borne solely by the subdivider.” The Chair did not feel this was an issue. The applicant stated that a grading plan had been submitted.

13. The applicant agreed that the project engineer shall provide such information as the DRB deems necessary to determine the adequacy of all proposed drainage facilities.

14. 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.

15. 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, and to also 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.

16. The applicant agreed 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.

17. 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.

18. A comment from the Technical Advisory Committee regarding potential parking within the proposed hammerhead (thereby blocking emergency access) was addressed. Rutz asked if any parking was proposed for the cemetery. The applicant replied that none was planned because it is Town property and because there are very few visitors. The applicants stated they could install “No Parking” signs in the hammerhead. The Chair felt this was not an issue.

Bonnie Pease questioned whether or not a particular stone wall could be preserved. This was discussed. Ultimately, the stone wall will be on private property and will not be under the applicants’ control. Pease also questioned the location of the wastewater system. The applicant replied that the location was determined by soil suitability. Brisson had some questions about elevations, and the applicant answered them. The applicant had some concerns about the direction of the conversation, as the State of Vermont has jurisdiction over all septic systems. Staff raised some concerns about grading on the knoll on which the cemetery sits, and the applicant stated he would take another look, but that the design of the hammerhead and the ability to safely access it were more important than the aesthetics of the area.

Hearing no furthers questions or comments, the Chair closed the Hearing at 8:05 p.m.

7. OTHER BUSINESS
The Zoning Administrator (ZA) gave an update on the volume of Zoning Permits, Certificates of Compliance, and Voluntary Compliance Letters/Violations. She recapped some unusual permits, including one that required stormwater review. The Town Engineer was called upon to review this particular stormwater plan.

Castle shared an update on the status of a grant that the Conservation Commission is working on to update the path at the Town Forest. He then provided an update on upcoming DRB meetings:

· The 4/27/17 meeting currently has the following hearings scheduled: a Subdivision Amendment on North Gardens Lane, and a Site Plan in Catamount Industrial Park.

· The 5/11/17 meeting currently has the following hearings scheduled: a Conditional Use application for Clark Falls Dam, a Conditional Use application for a non-exempt home occupation on Duffy Road, and a Boundary Line Adjustment on North Road.

· The 5/25/17 meeting currently has the following hearing scheduled: a Major Conventional Subdivision Final Plan located on East Road.

Castle advised the board that they will need to nominate a member to serve on the Transportation Infrastructure Standards Steering Committee. Questions were asked and answered. Brisson expressed interest and asked for further information; Staff will follow up.

Rutz noted that she won’t be able to attend the 4/27/17 meeting.

8. MINUTES
8(A). Minutes of March 23, 2017
MOTION by Rutz to accept the Minutes of March 23, 2017 as written; SECOND by Brisson. Unanimously APPROVED.

10. ADJOURNED
MOTION by Rutz to adjourn at 8:27 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 ___18th____ day of __April___________, 2017.

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