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Tuesday, May 30, 2017

Development Review Board - 5/25/17 Draft Meeting Minutes

DEVELOPMENT REVIEW BOARD
Meeting Type: Regular Meeting
Date: Thursday, May 25, 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

SITE VISITS: Prior to the regular meeting, there were site visits at 5:30 p.m. at the Joan Blondin property located at 860 East Road, and immediately following, a site visit at the Chris Blondin property located at 159-169 East Road.

1. CALL TO ORDER
The Chair called the meeting to order at 7:04 p.m.

2. ATTENDANCE
Members Present: Bruce Jenkins, Chair; Julie Rutz, Clerk; Robert Brisson; Jessica Groeling, Alternate.
Members Absent: Henry Bonges, Vice Chair;
Staff Present: Jeff Castle, Town Planner.
Public Present: Chris Blondin; Joey Blondin; Amanda Raab.

3. AGENDA REVIEW
None.

4. PUBLIC FORUM
None.

5. OLD HEARINGS/BUSINESS
5(A). Consider a motion to reopen the hearing for James & Janet Harrison, Owners/Applicants, Minor Conventional Subdivision Final Plan (Hearing closed on April 13, 2017).

MOTION by Rutz to REOPEN the Hearing for James & Janet Harrison for the purpose of gathering additional information on the location, design and stormwater runoff of the new road, potential impacts on historical and natural resources, and to allow additional members of the Development Review Board (DRB) to be present.

Staff will notify the Owners/Applicants and take care of all necessary noticing and warning. The tentative date for the re-opened Hearing is July 13, 2017. Procedural details were clarified.

6. NEW HEARINGS/BUSINESS

6(A). Major Conventional Subdivision Final Plan – Chris Blondin/Applicant & Owner – 159-169 East Road.

The Chair read the following summary to 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 applicant gave an overview of the changes that have occurred since the DRB last saw the proposal.

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

1. The DRB discussed observations made at the Site Visit. The Chair noted the site was very wet, and relatively flat. There was brief discussion regarding the culvert across the street. The applicant addressed the DRB’s questions and concerns.

2. The applicant agreed the Final plans shall label all existing and proposed utilities and driveway accesses.

3. The applicant agreed that all proposed lots shall be accessed via the new private road and that all exiting driveway access to East road shall be closed.

4. The applicant agreed the Final Plans shall show the type, location and approximate size of all existing and proposed streets and driveways, specifications in compliance with the Town's Public Works Specifications, and shall indicate existing access to be retained or removed.

5. The applicant agreed the proposed 60’ private right-of-way shall include all portions of the proposed private road.

6. The applicant agreed the proposed road names shall be reviewed and approved by the E911 coordinator, that they must be distinct from existing road names in the 05468 zip code, and that the approved road names shall be included on the Final Plat.

7. 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.

8. The applicant agreed the Final Plans Plat shall show or be accompanied by the above requirements of SR600.1 and SR610.1.

9. The DRB did not have further questions regarding the section 700 Standards of Evaluation responses previously discussed.

10. The applicant agreed the Final Plan's application and plans shall demonstrate compliance with the road and driveway standards established ZR592 & 593 and the Town of Milton Public Works Specifications.

11. The applicant agreed 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; that such covenants shall be included in the recorded deeds for each parcel created through the subdivision, and that this condition shall be clearly indicated on the final subdivision plat for the development. Further, the applicant agreed that 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.

12. The applicant agreed that USE of a PRIVATE RIGHT-OF-WAY shall require a legally executed agreement for the perpetual maintenance of the right-of-way 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. The applicant agreed a Homeowners Association must be established in order to ensure proper maintenance of the right-of-way in the future.

13. The applicant agreed a Town Highway Access Permit shall be required prior to being eligible for a Zoning Permit per ZR594.

14. The applicant agreed all new curb cuts shall be inspected by Public Works to ensure compliance prior to the issuance of a Certificate of Compliance.

15. The applicant agreed all Plats and Plans shall depict the same proposed private roads and that, if no dead end road is proposed between lot 1 and 2, it shall not be shown on the drainage plan.

16. The applicant agreed the Final Plans shall include a hammer head in compliance with the Public Works Specifications.

17. The applicant agreed the DRB may employ an engineer to review the plans for streets and drainage and that the costs of such engineer shall be borne solely by the subdivider. Brisson clarified that the applicant understood what this meant; the applicant confirmed that he did understand.

18. The applicant agreed that, if approved, the Final Plans shall show a street design in conformance with SR800.10/ZR590.

19. The DRB considered the appropriateness of sidewalks in the proposed subdivision, which had been previously discussed.

20. The DRB considered the adequacy of pedestrian access to schools, parks, playgrounds, or other nearby roads.

21. The DRB and the applicant discussed the street trees proposed to be planted along East Road (incorrectly noted as Railroad Street in the Staff Report, which Staff acknowledged was in error and apologized for).

22. 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.

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

24. The applicant agreed the Final Plans shall show easements of sufficient width for the proposed shared water and wastewater systems, as well as clearly delineate the boundaries of the access right-of-ways.

25. The applicant stated he has already submitted $500 with the Final application 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).

26. 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.

27. 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. The applicant also agreed to 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.

28. 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.

29. The applicant felt that all comments by the Development Review Board Technical Advisory Committee and attached to the Staff report had been addressed. The applicant stated he would align the intersection of the new road as ideally as possible.

30. 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.

31. The applicant agreed to respond to any remaining comments or concerns from the Development Review Board. The Chair asked some quick questions about the old culvert if the access is moved; the applicant replied that if the access is moved, it will be moving further away from the culvert, not closer. Groeling inquired about the location of the wells, as they are not shown on the plans. This was discussed. The applicant stated they are on the actual septic plan. The Chair asked about underground utilities and the applicant stated everything new will be underground.

MOTION by Brisson to CONTINUE the Hearing until June 8, 2017 for the Major Conventional Subdivision Final Plan located at 159-169 East Road, in order to gather more information as discussed above. SECOND by Rutz. Unanimously APPROVED.

6(B). Minor Conventional Subdivision Final Plan - Joseph Blondin, Applicant/Joan Blondin, Owner – 860 East Road.

The Chair read the following summary to open the hearing:

Joseph Blondin, Applicant/Joan Blondin, Owner request Minor Conventional Subdivision Final Plan approval located at 860 East Road. The proposal would result in 3 lots, to be served by on-site water and wastewater and accessed via a new private road off of Marrs Hollow Road. The property is described as SPAN 12711, Tax Map 4, Parcel 31; contains approximately 32 acres; and is located within the Agricultural/Rural Residential (R5) Zoning District and East Milton Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant were Joseph Blondin and Chris Blondin, hereafter referred to as “applicant(s).”

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

1. The applicants and the DRB discussed the conditions seen during the site visit, specifically potential access locations and sight distances from the proposed location. The applicants were agreeable to moving the location to the west.

2. The applicant agreed the proposed road name shall be reviewed and approved by the E911 coordinator and that proposed names must be distinct from existing road names in the 05468 zip code.

3. Regarding the elements of SR610.1(7): the applicant stated that utilities will be buried underground, and confirmed that each lot has its own septic and well.

4. 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.

5. The applicant agreed the Final Plan shall be in compliance with the 1:3 width-to-depth ratio for all proposed lots.

6. The applicant agreed the Final Plan's application and plans shall demonstrate compliance with the road and driveway standards established ZR592 & 593 and the Town of Milton Public Works Specifications.

7. The applicant agreed the 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.

8. The applicant agreed that use of a PRIVATE RIGHT-OF-WAY shall require a legally executed agreement for the perpetual maintenance of the right-of-way 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, and that a Homeowners Association must be established in order to ensure proper maintenance of the right-of-way in the future.

9. The applicant agreed a Town Highway Access Permit shall be required prior to being eligible for a Zoning Permit per ZR594.

10. The applicant agreed all new curb cuts shall be inspected by Public Works to ensure compliance prior to the issuance of a Certificate of Compliance. A discussion of erosion control measures commenced. The applicants said they would produce a plan to address this.

11. The applicants stated the dead end shown on the plan was designed based on Fire Department comments. However, the applicants agreed to add a hammerhead to the end of the road in order to comply with the regulations. Brisson noted that any enlargement of the road will add to stormwater runoff.

12. The group discussed whether or not the proposed private right-of-way in excess of 1000 feet can provide safe access for emergency vehicles. Technical Advisory Committee (TAC) comments from the Fire Department were reviewed.

13. The applicant agreed to provide a grading and drainage plan for the proposed private road.

14. The applicant understood that the DRB may employ an engineer to review the plans for streets and drainage and that the costs of such engineer shall be borne solely by the subdivider.

15. The applicant agreed the Final Plan shall include an adequate stormwater drainage plan.

16. The applicant agreed to submit $500 with the Final application 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).

17. 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.

18. 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 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.

19. 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, 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.

20. The Chair felt that most comments from the Development Review Board Technical Advisory Committee and attached to the Staff report had been addressed.

21. 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.

Hearing no furthers questions or comments, the Chair closed the Hearing at 8:10 p.m.

6(C). Boundary Line Adjustment & Site Plan Amendment – Cobble Hill Camp LLC & Camp Holdings LLC, Owners & Applicants – 79 Precast Road.

The Chair read the following summary to open the hearing:

Cobble Hill Camp LLC & Camp Holdings LLC, Owners/Applicants, request Boundary Line Adjustment and Site Plan Amendment approval located at 79 Precast Road. The proposed Boundary Line Adjustment would transfer a total of 1.98 acres from Lot 2 to Lot 1 (79 Precast Road). Also proposed is amendment of the Site Plan for a bus depot at 79 Precast Road. The proposal includes the expansion and reconfiguration of the parking area, new stormwater infrastructure, new outdoor lighting, and installation of a fuel pump. The properties are described as SPANs 14309 & 14310, Tax Map 3, Parcels 26-1 & 26-2; contain approximately 19.45 acres and are located in the Zoning District and the Catamount Planning Area.

The Chair administered the Oath to Interested Persons. Representing the Applicant was Amanda Raab of Trudell Consulting Engineers and Kevin Camp, hereafter referred to as “applicant(s).” The applicant gave an overview of the proposal: a Boundary Line Adjustment is being requested to expand the size of the parcel in order to accommodate a neighboring, existing bus facility that will be relocated to this parcel. The applicant felt there was no municipal impact, as the proposed bus facility is currently operating nearby, and would simply be moving. The following topics were reviewed:

· Potable Water: will be supplied from neighboring properties owned by Camp Holdings LLC via a Public-Private drilled well (under the jurisdiction of the State of Vermont due to the number of users it serves).

· Easement/Legal documents for access to water will be put in place.

· A Project Review Sheet will be submitted to the Town.

· For the sake of accuracy, the applicant noted an error on page 5 of the Staff Report, under Site, District & Area Information”: the site is located on Precast Road, not Gonyeau Road. Staff acknowledged the error.

· The applicant stated the Landscaping Cost Estimate was just under $2,000 and asked if a surety was necessary. Existing landscaping was discussed. Staff explained that the surety is standard procedure no matter the dollar value of the landscaping. The applicant agreed to this requirement.

· The applicant agreed to include a bicycle rack on the Final Plan.

· Business signage was briefly discussed; none is proposed at this time.

· The group discussed numbered item 6 (within the Staff Report), concerning landscaping islands. The DRB determined that the proposal is appropriate.

· Adequacy of proposed parking spaces.

· Outdoor lighting: the proposal includes new fixtures that match the existing ones, though overall the proposed lighting is minimal, but adequate. The applicant pointed out the locations on the submitted plans.

· Legal Escrow: the applicant agreed to this escrow of funds and the process (numbered items 11-12).

· Final Plat: the applicant agreed to numbered items 13, 14 and 17, concerning the review, revision, and filing of the Final Plat and final plans.

· TAC comments were reviewed.

The Chair felt the numbered items contained within the Staff Report had been addressed. Hearing no further questions or comments, the Chair closed the Hearing at approximately 8:40.

7. OTHER BUSINESS

Staff shared an update on recent Planning Office activity and upcoming DRB Hearings, including:

· Two Hearings scheduled for the 6/8/17 DRB meeting: a Boundary Line Adjustment at St. Ann’s Cemetery on Middle Road, and a Boundary Line Adjustment located on Eagle Mt. Harbor Road.

· Two Hearings scheduled for the 6/22/17 DRB meeting: 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.

· The first annual Board & Recognition Appreciation event is scheduled for 05/31/17 at 6PM.

8. MINUTES
8(A). Minutes of May 11, 2017
MOTION by Rutz to APPROVE the minutes of May 11, 2017 as written, SECOND by Brisson. Unanimously APPROVED.

10. ADJOURNED
MOTION by Rutz to ADJOURN at approximately 8:49 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 ___30th________ day of _____May________, 2017.

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