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Tuesday, June 13, 2017

Development Review Board - 6/8/17 Draft Minutes

DEVELOPMENT REVIEW BOARD
Meeting Type:               Regular Meeting
Date:                            Thursday, June 8, 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 7:02 p.m.  

2. ATTENDANCE
Members Present:  Bruce Jenkins, Chair; Henry Bonges, Vice Chair; Julie Rutz, Clerk; Robert Brisson; Jessica Groeling, Alternate.    
Members Absent
Staff Present:  Jeff Castle, Town Planner. 
Public Present:  Lynn Wood; Chris Blondin; Roger Dickinson; Rev. John Feliz. 
           
3. AGENDA REVIEW
None. 

4. PUBLIC FORUM
None. 

5. OLD HEARINGS/BUSINESS
5(A). Continued from May 25, 2017: Chris Blondin/Applicant & Owner – Major Conventional Subdivision Final Plan – 159-169 East Road. 

The Chair read the following summary to re-open the hearing:  

Chris Blondin/Applicant & Owner requests Final Plan approval for a Major Conventional Subdivision located at 159-169 East Road.  The proposal would result in eight (8) lots, to be served by shared septic and wells.  Also proposed is a new, looped private road within a 60' private right-of-way accessed from two intersections on East Road.  The property is described as SPAN numbers 12211 & 12210, Tax Map 11, Parcel 93.   The subject property contains a total of 61.41 acres and is located within the “Old Towne Residential” (R1) Zoning District and Town Core Planning Area.

The Chair administered the Oath to Interested Persons.  Representing the Applicant was Chris Blondin, hereafter referred to as “applicant.” 

The Chair asked if the Town’s engineer had reviewed the additional plans.  Staff explained that the escrow funds for engineering review had not been received.  After brief discussion, the applicant indicated understanding of the process. 

MOTION by Rutz to CONTINUE the Hearing for Chris Blondin to June 22, 2017.  SECOND by Brisson.  Motion PASSED. 

6. NEW HEARINGS/BUSINESS
6(A). Boundary Line Adjustment – St. Anne Parish Charitable Trust, Applicant/Roman Catholic Diocese of Burlington c/o St. Ann Church, Owners – 20 Middle Road.   

The Chair read the following summary to open the hearing:  

St. Anne Parish Charitable Trust, Applicant/Roman Catholic Diocese of Burlington c/o St. Ann Church, Owners request Boundary Line Adjustment approval to adjust the property boundaries between two adjacent lots located at 20 Middle Road, described as SPAN#s 14764 and 12052 and Tax Map 29, Parcels 70 and 37.  The proposal would transfer 0.66 acres from 20 Middle Road to St. Ann’s Cemetery. The subject properties contain a total of approximately 7.46 acres and are located within the Downtown Business (DB1) and Milton Crossroads Marketplace Center (M1) Zoning Districts and Town Core Planning Area. 

The Chair administered the Oath to Interested Persons.  Representing the Applicant were Roger Dickinson and Rev. John Feliz, hereafter referred to as “applicant(s).” 

The Chair noted an error on page 3 of the Staff Report within the “Site, District & Area Information” section:  it should read:  “Size/Area:  The applicant states the size of the parcels as:  Middle Road:  40,194 square feet and St. Ann Cemetery:  283,769 square feet.”

In response to the following numbered items within the Staff Report:
1.      The applicant agreed the Final Plat shall show the location of new monuments at the corners of the proposed new boundary lines for 20 Middle Road (the applicant stated this had already been fixed). 
2.      The applicant stated that this numbered item, which read, “The Applicant shall clarify why the corner monuments are not located at the corners of the existing boundary lines on the draft plat,” had already been fixed. 
3.      The applicant stated that within the next week or two the Surveyor shall submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
4.      The applicant questioned whether or not a legal escrow was necessary, but ultimately 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. The Applicant also agreed to 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 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 Bonges to APPROVE the Boundary Line Adjustment at 20 Middle Road subject to the conditions discussed above; SECOND by Rutz.  Unanimously APPROVED. 

6(B). Boundary Line Adjustment - Elizabeth Ross Wood Revocable Trust, E.R. & L.T. Wood, Trustees, Applicant & Owner – 79 & 81 Eagle Mt. Harbor Road.

The Chair read the following summary to open the hearing:  

Elizabeth Ross Wood Revocable Trust, E.R. & L.T. Wood, Trustees, Applicant & Owner requests Boundary Line Adjustment approval to adjust the property boundaries between two adjacent lots located at 79 & 81 Eagle Mt. Harbor Road, described as SPAN#s 13856 and 13855 and Tax Map 24, Parcels 6-1 and 6.  The proposal is for an even exchange of area between the lots. The subject properties contain a total of approximately 7.91 acres and are located within the Shoreland Residential (R6) and Agricultural/Rural Residential (R5) Zoning Districts and West Milton Planning Area. 

The Chair administered the Oath to Interested Persons.  Representing the Applicant was Lynn Wood, hereafter referred to as “applicant.”   

In response to the following numbered items within the Staff Report:
1.      The applicant agreed the Surveyor shall submit a letter or e-mail attesting that all corner markers have been set prior to recording the Final Plat.
2.      Following explanation of the legal review process, 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). 
3.      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. 
4.      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. The applicant also agreed to 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. 
5.      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.

MOTION by Bonges to APPROVE the Boundary Line Adjustment at 20 Middle Road subject to the conditions discussed above; SECOND by Rutz.  Unanimously APPROVED. 

7. OTHER BUSINESS
Staff shared an update on recent Planning Office activity and upcoming DRB Hearings, including: 
·        Three Hearings scheduled for the 6/22/17 DRB meeting:  the Continued Hearing for a Major Conventional Subdivision on East Road (discussed above), a Site Plan and Conditional Use application for a Banquet Facility to accompany an agricultural use on Duffy Road, and a Conditional Use application on Everest Road for a dock, boat launch and stairs on Lake Champlain. 
·        Two Hearings scheduled for the 7/13/17 DRB meeting:  the re-opened Hearing for a Minor Conventional Subdivision on Westford Road, and a Site Plan Amendment and Conditional Use application for a facility located on Catamount Drive. 

Staff also noted the pending end of the Fiscal Year and expiring terms on the Board.  Those that need to re-apply are aware.  Staff shared contact info for anyone else that may be interested. 

8. MINUTES
8(A).  Minutes of May 25, 2017
MOTION by Rutz to APPROVE the minutes of May 25, 2017 as written, SECOND by Brisson.  Motion PASSED.    

10. ADJOURNED
MOTION by Rutz to ADJOURN at approximately 7:30 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 ___13th________ day of __June___________, 2017.

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