TOWN OF SHELBURNE DEVELOPMENT REVIEW BOARD MINUTES OF MEETING August 5, 2015

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1 A VIDEO RECORDING OF THE MEETING IN ITS ENTIRETY IS AVAILABLE THROUGH VERMONTCAM.ORG. THE WRITTEN MINUTES ARE A SYNOPSIS OF DISCUSSION AT THE MEETING. MOTIONS ARE AS STATED BY THE MOTION MAKER. MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE DEVELOPMENT REVIEW BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD. MEMBERS PRESENT: STAFF PRESENT: OTHERS PRESENT: AGENDA: 1. Call to Order and Announcements 2. Public Comment 3. Approval of Minutes (7/15/15) 4. Applications TOWN OF SHELBURNE DEVELOPMENT REVIEW BOARD MINUTES OF MEETING August 5, 2015 Mark Sammut (Chairman); Jeff Pauza, Jerry Storey, Mary Kehoe, Ian McCray, Alex von Stange. (Kevin Lavery, Peter Keelan, Jeff Hodgson, and Ty Parker were absent.) Annie Geratowski, Zoning Administrator. Michael O Brien, Mike & Rose Dubois, Chris Galipeau, Erik Dalen, Patrick McKee. Design Review, Smoking Shelter, 75 Harrington Avenue, Shelburne Housing Limited Partnership (DR15-16) Design Review, Fencing, 165 Marsett Road, Taylor/Dinicola (DR15-20) Design Review\Final Plan, Subdivision, Two Lots, 624 Falls Road, Dubois (DR15-19\SUB15-07) Site Plan, School, 6701 Shelburne Road, Vermont Day School (SP15-04) Sketch Plan, Amend PUD-R, Renovation & Addition of 39 Unit Apartment Building, 200 Wake Robin Drive, Wake Robin (SUB03-08R5) 5. Discuss Possible Updates to Rules of Procedure 6. Consider Request to Reopen CU06-08R3\SP09-01R3 (Vermont Donut Enterprises III, LLC) 7. Other Business/Correspondence 8. Adjournment and/or Deliberative Session 1. CALL TO ORDER and ANNOUNCEMENTS Mark Sammut called the meeting to order at 7 PM and welcomed Ian McCray, alternate to the DRB APPROVAL OF MINUTES July 15, 2015 MOTION by Mary Kehoe, SECOND by Jerry Storey, to approve the minutes of 7/15/15 as written. VOTING: 4 ayes, 1 abstention (Jeff Pauza); motion carried. 4. APPLICATIONS The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.

2 SHELBURNE DEVELOPMENT REVIEW BOARD 8/5/15 PAGE 2 DR15-16: Design Review for a smoking shelter at 75 Harrington Avenue by Shelburne Housing Limited Partnership No one appeared on behalf of the application. The DRB received a written staff report, dated 8/5/15. Annie Geratowski said the three sided, 10.5 x 7 shelter will be used for smoking. Shelburne Historic Preservation & Design Review Committee (SHP&DRC) recommended approval of the proposal. Design Review, Smoking Shelter, 75 Harrington Avenue, Shelburne Housing Limited Partnership (DR15-16) MOTION by Mark Sammut, SECOND by Jeff Pauza, to grant design review approval to Shelburne Housing Limited Partnership for the addition of a smoking shelter and third bench on the existing smoking pad at 75 Harrington Avenue as depicted on the plans by Duncan Wisniewski Architecture, dated July 14, DR15-20: Design Review for new fencing at 165 Marsett Road by Steve Taylor/Michael Dinicola No one appeared on behalf of the application. The DRB received a written staff report, dated 8/5/15. Annie Geratowski reported SHP&DRC recommended approval of the proposal.

3 SHELBURNE DEVELOPMENT REVIEW BOARD 8/5/15 PAGE 3 Design Review, Fencing, 165 Marsett Road, Taylor/Dinicola (DR15-20) MOTION by Mary Kehoe, SECOND Ian McCray, to grant design review approval to Steve Taylor/Michael Dinicola for new wood picket fencing and wire fencing at 165 Marsett Road as submitted. DR15-19\SUB15-07: Design Review\Final Plan for a two lot residential subdivision at 624 Falls Road in the Village Residential District and Village Design Review and Stormwater-Impaired Watershed Overlay districts by Michael and Rosemarie Dubois Michael Dubois appeared on behalf of the application. The DRB received a staff report on the application, dated 8/5/15. Annie Geratowski noted the proposal meets the dimensional requirement in the Village Residential District. SHP&DRC recommended design review approval of the plat which includes an easement to the town for a future sewer line. Mr. Dubois stated the 25 x 20 easement is in the northeast corner of the lot around the existing manhole. The existing house on the property is served by town sewer and water. The 20 easement on the north side of the lot will protect the lines. The 20 access easement on the south side of the lot will include the driveway and utilities. The second lot in the subdivision will be served by town water and sewer. Design Review\Final Plan, Subdivision, Two Lots, 624 Falls Road, Michael and Rosemarie Dubois (DR15-19\SUB15-07) MOTION by Mark Sammut, SECOND by Mary Kehoe, to close the hearing on the Design Review\Final Plan application, DR15-19\SUB15-07, by Michael and Rosemarie Dubois for a two lot minor subdivision at 624 Falls Road and to direct staff to draft a decision indicating approval of the application subject to the following conditions: 1. The Mylar shall be recorded in the Shelburne Land Records within 180 days of the signed approval of the application. 2. An easement for a future sewer line benefiting the town which extends from the existing manhole on the property in an east/northeast direction shall be granted by the applicant and prior to filing the

4 SHELBURNE DEVELOPMENT REVIEW BOARD 8/5/15 PAGE 4 Mylar the applicant shall submit finalized and executed legal documents approved by the Town Attorney and Zoning Administrator for the dedication of the easement. 3. A zoning permit shall be required prior to any improvements being made. 4. Any application for a zoning permit shall include documentation that the project is exempt from the requirements of EPR Chapter 22 or a copy of the Individual Stormwater Permit Application and attachments (including plans, specifications, and calculations) shall be submitted. 5. Prior to commencing construction a pre-construction meeting will be held between the applicant, his engineer, and contractor, and town staff, and additional meetings will be held as requested by town staff during construction (e.g. following large storm events). SP15-04: Site Plan for a school at 6701 Shelburne Road in the Commerce and Industry South District and the Floodplain and Watercourse Overlay District by Vermont Day School No one appeared on behalf of the application. Annie Geratowski explained the applicant requested a continuance in order to submit a conditional use application along with the site plan. MOTION by Mark Sammut, SECOND by Jeff Pauza to continue SP15-04, site plan application by Vermont Day School for a school at 6701 Shelburne Road, until August 19, SUB03-08R5: Sketch Plan to amend a PUD-R (Residential Planned Unit Development) to include renovation of existing facilities and the addition of a 39 unit apartment building at 200 Wake Robin Drive in the Residential District and the Stormwater-Impaired Watershed Overlay District by Wake Robin Erik Dalen, Chris Galipeau, and Patrick McKee appeared on behalf of the application. The DRB received a written staff report, dated 8/5/15. Annie Geratowski noted at the next level of review information is needed on building coverage, developable land calculation, stormwater management, open space (covered by Act 250 review), and elevations. Conditional use approval is also needed.

5 SHELBURNE DEVELOPMENT REVIEW BOARD 8/5/15 PAGE 5 Erik Dalen with Perkins Eastman reviewed the Wake Robin campus built in phases beginning in The current application is the third phase of the original design for 250 units and adds independent living units in a three story building. The final design includes a flat roof (green roof) building under the 35 height limit of the town. Jeff Pauza requested verification that the access to the building will support fire trucks. Erik Dalen said Wake Robin has been working with the Fire Chief on access. Sketch Plan, Amend PUD-R, Renovations and 39 Unit Apartment Building, 200 Wake Robin Drive, Wake Robin (SUB03-08R5) MOTION by Mark Sammut, SECOND Jeff Pauza, to classify SUB03-08R5, application to amend the PUD-R to include renovations and the addition of a 39 unit apartment building at 200 Wake Robin Drive, as a Major Subdivision. VOTING: unanimous (5-0); motion carried. MOTION by Mark Sammut, SECOND by Jeff Pauza, to authorize that the applicant for SUB03-08R5 prepare a Preliminary Plan application with the following recommendations: 1. The Preliminary Plan should indicate the proposed locations for utilities and building envelopes. 2. All utilities and roads should be reviewed by the Water, Wastewater, Highway, Fire, and Police departments for comment prior to the submission of the Preliminary Plan application. 3. Verification should be provided that access to the building will support fire trucks. 5. DISCUSS POSSIBLE UPDATES TO RULES OF PROCEDURE MOTION by Mark Sammut, SECOND by Mary Kehoe, to table discussion of possible updates to the Rules of Procedure to a future meeting date. VOTING: unanimous (5-0); motion carried. 6. CONSIDER REQUEST TO REOPEN CU06-06R3\SP09-01R3 (Vermont Donut Enterprises III, LLC) Annie Geratowski reported the request by Jennifer Prada to reopen the application by Vermont Donut Enterprises was received July 31, 2015.

6 SHELBURNE DEVELOPMENT REVIEW BOARD 8/5/15 PAGE 6 The following comments were made: Mary Kehoe spoke in support of reopening the hearing because additional evidence on potential number of visits to a Dunkin Donut shop was received from someone other than the applicant and the decision rendered should be based on sufficient evidence and compliance with the town regulations. Jerry Storey spoke in support of reopening the hearing in order to have an expanded, more detailed discussion of the number of visits and a thorough examination of the seating estimate. Alex von Stange commented there is conflicting evidence of 40 visits in an hour to double that amount. Mark Sammut pointed out the evidence submitted is one sample from a concerned party at one location over two different time periods. The site was a convenience store prior to the development of Longmeadow Drive and pre- and postimprovement of Shelburne Road. Coffee and donuts were sold and there was never a situation where performance of the intersection was downgraded. In fact, the intersection is safer due to the traffic light. The introduction of the proposal will not present a safety or traffic impairment issue at the intersection. Jeff Pauza said consideration needs to be given to whether the site will be safe or dangerous with the traffic and what mechanisms are in place to regulate traffic by directing traffic onto Longmeadow Drive or to the corner. Annie Geratowski noted the DRB used data, provided by the applicant from the Vermont Trip Generation Manual, for its traffic analysis and considered 7 AM 9 AM peak hour trip-end data for a coffee/donut shop without a drive-thru which shows trip-ends or approximately 50 visits per hour. The DRB can request a detailed traffic impact analysis if the proposal will generate 75 AM or PM peak hour trip-ends. MOTION by Mark Sammut, SECOND by Mary Kehoe, to not reopen the hearing for CU06-08R3\SP09-01R3, Vermont Donut Enterprises III, LLC. DISCUSSION: Jeff Pauza said more time is needed to consider information on the intersection and the number of cars per hour that can be handled. Staff will gather this information from VTrans. Jeff Pauza also noted the parking lot will self-regulate in that when there are no open parking spaces people will simple pass by the place. A donut shop is different than a restaurant with the dwell time being less spread out. It was noted a response to the request to reopen the hearing must be sent within 10 days of receipt which was July 31 st. There were no further comments. VOTING: 3 ayes, 1 nay (Jerry Storey), 1 abstention (Ian McCray); motion does not carry.

7 SHELBURNE DEVELOPMENT REVIEW BOARD 8/5/15 PAGE 7 Mary Kehoe mentioned the DRB members not in attendance should be given the opportunity to consider the request to reopen the hearing. 7. OTHER BUSINESS/CORRESPONDENCE 8. ADJOURNMENT and/or DELIBERATIVE SESSION MOTION by Mark Sammut, SECOND by Jerry Storey, to adjourn the meeting. The meeting was adjourned at 8:23 PM. RScty: MERiordan