Meeting Type: Regular Meeting
Date: Thursday, May 11, 2017
Time: 7:00 p.m.
Place: Municipal Building Community Room
Address: 43 Bombardier Road Milton, VT 05468
Contact: (802) 893-1186
Website: www.miltonvt.org
DRAFT MEETING MINUTES
1. CALL TO ORDER
The Chair called the meeting to order at 7:05 p.m.
2. ATTENDANCE
Members Present: Bruce Jenkins, Chair; Henry Bonges, Vice Chair; Julie Rutz, Clerk; Robert Brisson.
Members Absent: Jessica Groeling, Alternate.
Staff Present: Jeff Castle, Town Planner.
Public Present: Robert Witbeck; Jason Lisai; Allison Duquette; Michael Magoon; Joe Duquette.
3. AGENDA REVIEW
None.
4. PUBLIC FORUM
None.
5. OLD HEARINGS/BUSINESS
None.
6. NEW HEARINGS/BUSINESS
6(A). Conditional Use – Green Mountain Power Corp., Owner & Applicant – Clark Falls Dam.
The Chair read the following summary to open the hearing:
Green Mountain Power Corp., Owner/Applicant, requests Conditional Use approval to perform maintenance and repairs on the Clark Falls Dam within the Floodway of the Lamoille River, Howard Drive and Ice House Road. The proposal includes in-kind concrete repairs to four tainter gate piers and the surge chamber, as well as new guardrails and access stairs. A temporary access road and associated fill is proposed to be placed in the river downstream of the dam. The property is described as SPAN 10645, Tax Map 11, Parcel 2. The property consist of 20.30 acres and is located in the R6 and M5 & FH Zoning Districts.
The Chair administered the Oath to Interested Persons. Representing the Applicant was Jason Lisai, Director of Generation for Green Mt. Power (GMP), hereafter referred to as “applicant.” The applicant presented a brief overview of the proposal.
In response to the following numbered items within the Staff Report:
1. The applicant agreed to conduct all maintenance and repairs in accordance with Section VII of Appendix A, Special Flood Hazard Area.
2. The applicant agreed to implement proper erosion and sedimentation measures during construction.
3. The applicant agreed that the Development Review Board (DRB) may attach additional reasonable conditions and safeguards as it may deem necessary to implement the provisions and intentions of these Regulations and the Milton Comprehensive Plan. Jenkins asked a few questions about how the road will be built and its ability to withstand a major weather event, which the applicant answered.
4. The applicant agreed: to submit a Vermont Agency of Natural Resources Project Review Sheet (PRS) for the proposal, that the Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application, and that the identified permits, or letters indicating that such permits are not required, shall be submitted to the ZA and attached to the permit before work can begin. The applicant stated that as a project subject to Army Corps of Engineers permitting, the State does not have much to do in terms of permitting. Staff clarified that the PRS is required per Town regulations.
5. The applicant understood that a Zoning Permit is required prior to construction and an associated Certificate of Compliance is required after construction is complete.
6(A). Conditional Use – Green Mountain Power Corp., Owner & Applicant – Clark Falls Dam.
The Chair read the following summary to open the hearing:
Green Mountain Power Corp., Owner/Applicant, requests Conditional Use approval to perform maintenance and repairs on the Clark Falls Dam within the Floodway of the Lamoille River, Howard Drive and Ice House Road. The proposal includes in-kind concrete repairs to four tainter gate piers and the surge chamber, as well as new guardrails and access stairs. A temporary access road and associated fill is proposed to be placed in the river downstream of the dam. The property is described as SPAN 10645, Tax Map 11, Parcel 2. The property consist of 20.30 acres and is located in the R6 and M5 & FH Zoning Districts.
The Chair administered the Oath to Interested Persons. Representing the Applicant was Jason Lisai, Director of Generation for Green Mt. Power (GMP), hereafter referred to as “applicant.” The applicant presented a brief overview of the proposal.
In response to the following numbered items within the Staff Report:
1. The applicant agreed to conduct all maintenance and repairs in accordance with Section VII of Appendix A, Special Flood Hazard Area.
2. The applicant agreed to implement proper erosion and sedimentation measures during construction.
3. The applicant agreed that the Development Review Board (DRB) may attach additional reasonable conditions and safeguards as it may deem necessary to implement the provisions and intentions of these Regulations and the Milton Comprehensive Plan. Jenkins asked a few questions about how the road will be built and its ability to withstand a major weather event, which the applicant answered.
4. The applicant agreed: to submit a Vermont Agency of Natural Resources Project Review Sheet (PRS) for the proposal, that the Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application, and that the identified permits, or letters indicating that such permits are not required, shall be submitted to the ZA and attached to the permit before work can begin. The applicant stated that as a project subject to Army Corps of Engineers permitting, the State does not have much to do in terms of permitting. Staff clarified that the PRS is required per Town regulations.
5. The applicant understood that a Zoning Permit is required prior to construction and an associated Certificate of Compliance is required after construction is complete.
Brisson asked about traffic disruption on Route 7. The applicant replied that the only time this is anticipated is when large equipment is being moved in, and stated that if traffic control is necessary, the Town will be notified.
Hearing no furthers questions or comments, the Chair closed the Hearing at 7:20 p.m.
6(B). Conditional Use – Allison & Joseph Duquette, Owners/Allison Duquette, Applicant – 198 Duffy Road.
The Chair read the following summary to open the hearing:
Allison & Joseph Duquette, Owners/Allison Duquette, Applicant, requests Conditional Use approval to operate a non-exempt Home Occupation located at 198 Duffy Road. The proposal is for a small (approximately 4-7 stalls) equine boarding facility and indoor riding arena, with access from Duffy Road. No other changes are proposed. The property is described as SPAN 10344, Tax Map 4, Parcel 44-2; contains approximately 10.18 acres; and is located in the Agricultural/Rural Residential (R5) Zoning District.
The Chair administered the Oath to Interested Persons. Representing the Applicant were Allison and Joe Duquette, hereafter referred to as “applicant(s).” The applicant presented a brief overview of the proposal. The Chair confirmed that the indoor riding arena would be for use by the horses being boarded there and not open to the public; the applicants confirmed. Brisson asked if the existing driveway would be used for the proposed Home Occupation; the applicants confirmed that it would be.
In response to the following numbered items within the Staff Report:
1. The applicant understood that a Zoning Permit is required for any HOME OCCUPATION that receives CONDITIONAL USE approval.
2. The applicant agreed that any CONDITIONAL USE approval for a HOME OCCUPATION is granted to the applicant for the length of time that the applicant occupies the dwelling, that approval shall terminate upon relocation by the applicant and shall neither remain with subsequent occupants of the dwelling nor transfer to a new location with the original applicant.
3. The DRB considered whether or not the proposed Conditional Use has an undo adverse effect on the review standards detailed in the Staff Report.
4. The applicant agreed that in granting such CONDITIONAL USE approval, 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.
5. The applicant agreed that the equine boarding facility shall be limited to the boarding of 7 equines and that any further expansion of use requires a new Conditional Use approval.
6. The applicant understood 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).
7. The applicants understood that CONDITIONAL USE approval shall expire one year from the date of issue if it does not receive a CO by this date, and that they may apply to the Zoning Administrator for a single one-year extension for the identical project only if more time is needed.
8. 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.
There were questions about signage; the applicant confirmed that several signs were desired. Brisson asked about lighting. The applicant confirmed there will be outdoor lighting, around the house, barn, and driveway.
Hearing no furthers questions or comments, the Chair closed the Hearing at 7:35 p.m.
6(C). Boundary Line Adjustment – Jane Fitzgerald & HW Ventures, Owners & Applicants – 450 & 345 North Road.
The Chair read the following summary to open the hearing:
Jane Fitzgerald & HW Ventures, Owners & Applicants, request Boundary Line Adjustment approval located at 450 & 345 North Road. The proposal is to adjust the lot lines between the two parcels to establish clear and agreeable common property lines as referenced in historical deeds. The properties are described as SPAN 11137, Tax Map 20, Parcel 67 & SPAN 11413, Tax Map 16, Parcel 20, and are located in the Agricultural/Rural Residential (R5) and Forestry/Conservation/Scenic Ridgeline (FC) Zoning Districts and the East Milton Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicant were Daniel Fitzgerald and Michael Magoon, hereafter referred to as “applicant(s).”
In response to the following numbered items within the Staff Report:
1. The applicant agreed that space shall be reserved on the Final Plat for endorsement by the Chair of the DRB and include the appropriate signature block as indicated in the Staff Report.
2. The applicant agreed that the Surveyor shall submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
3. 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).
4. 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.
5. 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, 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.
6. The applicant agreed 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.
The applicant requested that the plat that has already been submitted be noted as an exhibit. Staff apologized for the oversight.
MOTION by Bonges to approve the Boundary Line Adjustment located at 450 & 345 North Road; SECOND by Rutz. Unanimously APPROVED.
7. OTHER BUSINESS
Staff shared an update on recent Planning Office activity and upcoming DRB Hearings.
8. MINUTES
8(A). Minutes of April 13, 2017 & April 27, 2017
MOTION by Bonges to accept the Minutes of and April 27, 2017 as written, SECOND by Brisson. Rutz abstained. Motion APPROVED.
MOTION by Rutz to accept the Minutes of and April 13, 2017 as written, SECOND by Brisson. Bonges abstained. Unanimously APPROVED.
10. ADJOURNED
Adjourned by general consent at approximately 7:51 p.m.
Minutes approved by the Development Review Board this ___________ day of _____________, 2017.
_________________________________________________________________________________
Bruce Jenkins, Chair /kt
Draft filed with the Town Clerk this ___16th________ day of ____May_________, 2017.
Filed with the Town Clerk this ___________ day of _____________, 2017.
Hearing no furthers questions or comments, the Chair closed the Hearing at 7:20 p.m.
6(B). Conditional Use – Allison & Joseph Duquette, Owners/Allison Duquette, Applicant – 198 Duffy Road.
The Chair read the following summary to open the hearing:
Allison & Joseph Duquette, Owners/Allison Duquette, Applicant, requests Conditional Use approval to operate a non-exempt Home Occupation located at 198 Duffy Road. The proposal is for a small (approximately 4-7 stalls) equine boarding facility and indoor riding arena, with access from Duffy Road. No other changes are proposed. The property is described as SPAN 10344, Tax Map 4, Parcel 44-2; contains approximately 10.18 acres; and is located in the Agricultural/Rural Residential (R5) Zoning District.
The Chair administered the Oath to Interested Persons. Representing the Applicant were Allison and Joe Duquette, hereafter referred to as “applicant(s).” The applicant presented a brief overview of the proposal. The Chair confirmed that the indoor riding arena would be for use by the horses being boarded there and not open to the public; the applicants confirmed. Brisson asked if the existing driveway would be used for the proposed Home Occupation; the applicants confirmed that it would be.
In response to the following numbered items within the Staff Report:
1. The applicant understood that a Zoning Permit is required for any HOME OCCUPATION that receives CONDITIONAL USE approval.
2. The applicant agreed that any CONDITIONAL USE approval for a HOME OCCUPATION is granted to the applicant for the length of time that the applicant occupies the dwelling, that approval shall terminate upon relocation by the applicant and shall neither remain with subsequent occupants of the dwelling nor transfer to a new location with the original applicant.
3. The DRB considered whether or not the proposed Conditional Use has an undo adverse effect on the review standards detailed in the Staff Report.
4. The applicant agreed that in granting such CONDITIONAL USE approval, 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.
5. The applicant agreed that the equine boarding facility shall be limited to the boarding of 7 equines and that any further expansion of use requires a new Conditional Use approval.
6. The applicant understood 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).
7. The applicants understood that CONDITIONAL USE approval shall expire one year from the date of issue if it does not receive a CO by this date, and that they may apply to the Zoning Administrator for a single one-year extension for the identical project only if more time is needed.
8. 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.
There were questions about signage; the applicant confirmed that several signs were desired. Brisson asked about lighting. The applicant confirmed there will be outdoor lighting, around the house, barn, and driveway.
Hearing no furthers questions or comments, the Chair closed the Hearing at 7:35 p.m.
6(C). Boundary Line Adjustment – Jane Fitzgerald & HW Ventures, Owners & Applicants – 450 & 345 North Road.
The Chair read the following summary to open the hearing:
Jane Fitzgerald & HW Ventures, Owners & Applicants, request Boundary Line Adjustment approval located at 450 & 345 North Road. The proposal is to adjust the lot lines between the two parcels to establish clear and agreeable common property lines as referenced in historical deeds. The properties are described as SPAN 11137, Tax Map 20, Parcel 67 & SPAN 11413, Tax Map 16, Parcel 20, and are located in the Agricultural/Rural Residential (R5) and Forestry/Conservation/Scenic Ridgeline (FC) Zoning Districts and the East Milton Planning Area.
The Chair administered the Oath to Interested Persons. Representing the Applicant were Daniel Fitzgerald and Michael Magoon, hereafter referred to as “applicant(s).”
In response to the following numbered items within the Staff Report:
1. The applicant agreed that space shall be reserved on the Final Plat for endorsement by the Chair of the DRB and include the appropriate signature block as indicated in the Staff Report.
2. The applicant agreed that the Surveyor shall submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
3. 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).
4. 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.
5. 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, 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.
6. The applicant agreed 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.
The applicant requested that the plat that has already been submitted be noted as an exhibit. Staff apologized for the oversight.
MOTION by Bonges to approve the Boundary Line Adjustment located at 450 & 345 North Road; SECOND by Rutz. Unanimously APPROVED.
7. OTHER BUSINESS
Staff shared an update on recent Planning Office activity and upcoming DRB Hearings.
8. MINUTES
8(A). Minutes of April 13, 2017 & April 27, 2017
MOTION by Bonges to accept the Minutes of and April 27, 2017 as written, SECOND by Brisson. Rutz abstained. Motion APPROVED.
MOTION by Rutz to accept the Minutes of and April 13, 2017 as written, SECOND by Brisson. Bonges abstained. Unanimously APPROVED.
10. ADJOURNED
Adjourned by general consent at approximately 7:51 p.m.
Minutes approved by the Development Review Board this ___________ day of _____________, 2017.
_________________________________________________________________________________
Bruce Jenkins, Chair /kt
Draft filed with the Town Clerk this ___16th________ day of ____May_________, 2017.
Filed with the Town Clerk this ___________ day of _____________, 2017.
