TOWN OF SHELBURNE DEVELOPMENT REVIEW BOARD MINUTES OF MEETING October 1, 2014

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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, MEMBERS PRESENT: STAFF PRESENT: OTHERS PRESENT: AGENDA: 1. Call to Order and Announcements 2. Public Comment 3. Applications TOWN OF SHELBURNE DEVELOPMENT REVIEW BOARD MINUTES OF MEETING October 1, 2014 Mark Sammut (Chairman); Jeff Pauza, Kevin Lavery, Peter Keelan, Jeff Hodgson, Steve Gibbs, Dick Elkins. Dean Pierce, Planner; Joe Colangelo, Town Manager. Bob Clark, H.W. Caswell, Dave Marshall, Derek Hellyer, Charlie & Monika Hooper, Maura Wygmans, Mark Fagan, Tracey Beaudin, Joplin James, Steve Fagan, Lee Suskin, Tom Junas, Alison Curtis, Veronica Bernicke, Paul Landell, Ken Albert, Gail Albert. Design Review, Sign on Snack Shack, 5420 Shelburne Road, Town of Shelburne/Shelburne Little League (DR14-12) Design Review, 175 Harbor Road, Renovations to Accessory Barn, Wendy Smith (DR14-14) Design Review, Mobile Home, 186 Shelburnewood Drive, The Commons at Shelburnewood, LLC (DR14-15) Conditional Use, Expansion/Reconstruction, 3488 Harbor Road, Fagan (CU14-12) Site Plan Amendment, Lighting, 3310 Shelburne Road, Derek Hellyer (SP07-03R3) Conditional Use\Variance, Integrated Agriculture\Relief from Setbacks, 4947 Spear Street, Clark (CU14-10\V14-11) Conditional Use, Suspension Bridge, LaPlatte Nature Park, Town of Shelburne/Joplin James (CU14-13) 4. Approval of Minutes (9/3/14) 5. Other Business/Correspondence 6. Adjournment and/or Deliberative Session 1. CALL TO ORDER and ANNOUNCEMENTS Mark Sammut called the meeting to order at 7 PM and announced effective September 1, 2014 Paul Orzech resigned from the DRB due to relocating out of town. On September 16, 2014 Bill Stuono resigned from the DRB. Thanks were extended to both individuals for their service on the board and to the town. Newly appointed DRB member, Steve Gibbs, was introduced. Jeff Hodgson disclosed his company is submitting a bid for the landscaping at 3488 Harbor Road (Fagan application, CU14-12). The DRB felt there was no need for recusal. 2.

2 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 2 There were no comments from the public at this time. 3. 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. DR14-12: Design Review for welcome sign on the snack shack at 5420 Shelburne Road by Town of Shelburne/Shelburne Little League H.W. Caswell appeared on behalf of the application. The DRB received a written staff report on the application, dated 9/17/14. Dean Pierce reviewed the proposal for a 5 diameter sign affixed to the snack shack at the baseball fields at 5420 Shelburne Road. Shelburne Historic Preservation & Design Review Committee (SHP&DRC) approved the sign and to amend the Master Signage Plan. Mr. Caswell said the snack shack and scorer s booth built as an Eagle Scout project needs a sign to identify the baseball fields. The sign was designed by Jack Bahrenberg. Design Review, Sign, 5420 Shelburne Road, Town of Shelburne/Shelburne Little League (DR14-12) MOTION by Jeff Pauza, SECOND by Kevin Lavery, to grant design review approval to Town of Shelburne/Shelburne Little League for a welcome sign as submitted and to amend the Master Signage Plan to include the sign. VOTING: unanimous (6-0)[Peter Keelan not present for vote]; motion carried. DR14-14: Design Review for renovations to an accessory barn at 175 Harbor Road by Wendy Smith No one appeared on behalf of the application. The DRB received a written staff report on the application, dated 9/17/14. Dean Pierce explained the renovations include residing the accessory barn with cedar siding, adding custom made doors, and replacing a window with stained glass. SHP&DRC approved the application.

3 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 3 None. Design Review, Renovations to Accessory Barn, 175 Harbor Road, Wendy Smith (DR14-14) MOTION by Mark Sammut, SECOND by Kevin Lavery, to grant design review approval to Wendy Smith for proposed renovations to an accessory barn at 175 Harbor Road as submitted with the option of removing the vertical trim board between the main barn and the lean-in. VOTING: unanimous (6-0)[Peter Keelan not present for vote]; motion carried. DR14-15: Design Review for a new mobile home at site #186 Shelburnewood Drive by The Commons at Shelburnewood, LLC Dave Marshall appeared on behalf of the application. The DRB received a written staff report on the application, dated 10/1/14. Dean Pierce explained the proposal to install a high performance mobile home, 70 x 16 with a 24 x 8 porch on site #186 at 82 Shelburnewood Drive. There were other items in the application which have been tabled for now. Dave Marshall stated every unit in the mobile home park will be reviewed for potential new units so there will likely be additional applications before the DRB in the future. Gravity sewer lines have been replaced in the park and new water lines installed. The electric lines are underground. The current application is for a new high performance mobile home through Efficiency Vermont. Jeff Pauza asked about the number of units in the park. Mr. Marshall said there are 28 units that can be moved or relocated. There are two existing houses for a total of 30 residential units. Steve Gibbs asked if each application for new units will be separate and distinct. Mr. Marshall confirmed each will be under a separate process.

4 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 4 Design Review, Mobile Home, 82 Shelburnewood Drive, The Commons at Shelburnewood, LLC (DR14-15) MOTION by Jeff Pauza, SECOND by Dick Elkins, to grant design review approval to The Commons at Shelburnewood, LLC for a new high performance manufactured home as depicted in the elevations for the 2 bed/2 bath home on Site #186 at 82 Shelburnewood Drive. VOTING: 6 ayes, one abstention (Peter Keelan); motion carried. CU14-12: Conditional Use application for expansion and reconstruction of an existing structure within the 100 setback from the 102 contour at 3488 Harbor Road in the Rural Zoning District and Lakeshore Overlay District by Mark and Stacie Fagan Maura Wygmans, architect with Classic Restoration, LLC, and Mark Fagan appeared on behalf of the application. The DRB received a written staff report on the application, dated 9/17/14. Dean Pierce explained the application involves the former Milbank property and the proposed 300 s.f. addition is being reviewed under the newest language in the zoning regulations. Maura Wygmans noted the following: The addition was designed with the new regulations in mind and with cues from the neighboring houses with regard to materials and treatment lakeside and street side. Cedar siding and a standing seam metal roof will be installed. The height of the building will not be increased and the footprint lakeside will be maintained. The addition is street side and will be a garage and mudroom connection to the main house. There will be a new walkway from the driveway to the porch, but this is outside the 102 setback. There was discussion of the front steps on the lakeside being a structure. Maura Wygmans explained the stairs will be wood with no foundation (so temporary and pervious) and placed in front of the new patio doors. There is an existing concrete patio that can be used for trade-off of area to accommodate the steps. Mark Sammut asked the plan for the existing deck. Ms. Wygmans said the deck has a roof now and will be fully

5 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 5 enclosed. The footprint of the lakeside deck is existing. Jeff Pauza stressed the steps for the newly enclosed deck should not become a new deck themselves. Ms. Wygmans pointed out the door to the deck was moved to the side and is now parallel to the steps. Dean Pierce mentioned per the regulations the footprint of the structure can be reconfigured, but the closest point cannot move closer to the 102 elevation contour than the existing structure. Maura Wygmans said the existing closest point is the corner of the master bedroom. Mark Fagan pointed out essentially two steps made of wood with no foundation are being moved from the existing covered porch which will now be enclosed north to the egress from the house lakeside. Maura Wygmans reiterated some of the concrete patio can be removed as an offset. Mark Fagan observed that a fieldstone path or patio as part of landscaping would be considered pervious surface, but wood stairs with no foundation are not. The regulations were reviewed relative to building footprint and an addition, expansion or reconstruction not extending any closer than the existing structure to the 102 elevation contour. There was discussion of whether the new steps make the structure closer lakeside than presently. Mark Sammut suggested an adjustment to the patio for the square footage of the steps can be made (i.e. the new steps equal the existing steps to be removed plus a portion of the concrete patio to be removed) and a condition added to the approval that there shall be no net increase in coverage. Jeff Pauza stressed the steps must only be steps (not become a deck) and there cannot be a net increase in the area. The DRB requested the applicant submit an update Sheet A-1. Conditional Use, Expansion/Reconstruction, 3488 Harbor Road, Fagan (CU14-12) MOTION by Mark Sammut, SECOND by Jeff Pauza, to close the hearing on the Conditional Use application for 3488 Harbor Road (CU14-12) by Mark and Stacie Fagan and direct staff to prepare a decision to indicate approval for the expansion of a nonconforming structure in the Lakeshore Overlay at 3488 Harbor Road as depicted in the site plan prepared by Civil Engineering Associates, Inc. titled Proposed Conditions Site Plan, dated February 2010, and the plans prepared by Classic Home titled Fagan 3488 Harbor Rd. Shelburne, dated August 12, 2014 with the following conditions: 1. A zoning permit shall be required prior to any improvements being made. 2. The proposed new steps shown on the site plan shall be steps only (and shall not become a deck), and further, there shall be no increase

6 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 6 in building area within the lakeshore setback (other than the bridge area) and an area of patio equal to the difference in square footage between the existing steps and the new proposed steps shall be removed to guarantee the net area of building footprint will not increase. VOTING: unanimous (7-0); motion carried. SP07-03R3: Site Plan amendment to include high impact lighting at 3310 Shelburne Road in the Mixed Use District and Storm Water Overlay by Derek Hellyer Derek Hellyer appeared on behalf of the application. The DRB received a written staff report on the application, dated 10/1/14. Dean Pierce explained the plan to add two 15 pole lights to illuminate the parking area at 3310 Shelburne Road. The addition is a change of 25% of the lighting so review by the DRB is needed. The applicant needs to certify the average illumination in the area complies with the one foot candle limit in the town s lighting standards. One foot candle level of lighting is acceptable in the uniformity ratio for light/dark areas. Derek Hellyer stated there are two lights on the front of the building and four lights shining on the sign. Mark Sammut advised all light fixtures must be included in the photometric information submitted to the DRB. Also, the entire area to be covered by the lighting must be shown, but the area cannot be artificially expanded to meet the requirements. Site Plan Amendment, Lighting, 3310 Shelburne Road, Hellyer (SP07-03R3) MOTION by Kevin Lavery, SECOND by Peter Keelan, to continue SP07-03R3 (lighting at 3310 Shelburne Road) until October 15, 2014 pending further information from the applicant. VOTING: unanimous (7-0); motion carried. CU14-10\V14-11: Conditional Use\Variance for the addition of an integrated agricultural use and a variance from required setbacks at 4947 Spear Street in the Rural Zoning District and Storm Water and Floodplain and Watercourse Overlay districts by Bob Clark Bob Clark appeared on behalf of the application.

7 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 7 The DRB received a written staff report on the application, dated 9/17/14. Dean Pierce explained the application is on the former Marcello property which has a provision of no future re-subdivision of the parcel. The applicant is seeking conditional use approval for an integrated agriculture use and variance from the setbacks of 50 front (100 required) and 50 side and rear (181 required). A letter from a neighbor to the applicant was received in support of the application. The applicant plans to have a farmstead selling produce which qualifies for the ag exemption, but still must comply with the setbacks. Bob Clark noted past conversations with staff about creating a new business on the property and living on the property. There was also discussion of subdividing the building lot with the house from the farmstead parcel for liability protection because the public will be coming to the business on the property. Regarding setbacks, the parcel has 1800 of frontage on Spear Street and the ag operation will work best on contiguous land without structures in the middle. An integrated ag operation will be done on the approximately 60 usable acres remaining after the buffers and wetlands are considered so opportunities must be leveraged on the land. Mr. Clark said he would like to know what is allowed by the town so he can take steps now for the future. More specific information on the type of integrated ag operation cannot be given at this time because the soil is still being evaluated for the crop mix and target markets are still being defined. Products not grown on the property will be integrated with products originating on the property. An example may be growing berries and making syrup. Dean Pierce stated more information on the proposed buildings for the site, potential traffic impacts or impact on municipal services and such is needed. Mark Sammut agreed the applicant needs to make some plans and decisions on what he wants to do within the parameters of the zoning regulations. The variance for the setbacks is a separate issue. Ken Albert, neighbor to the applicant, recalled the integrated agriculture regulations originated with the application for Shelburne Vineyard on Route 7 in Mr. Albert spoke in support of the concept of integrated agricultural and what the applicant is planning to do which can be a positive use of the land. Following further discussion it was confirmed the DRB did not receive the site plan in the town file for the application which shows site features (wetlands, buffers, setbacks, building envelops), but not planned integrated ag activities.

8 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 8 There were no further comments. Conditional Use\Variance, Integrated Agricultural\Relief from Setbacks, 4947 Spear Street, Clark (CU14-10\V14-11) MOTION by Mark Sammut, SECOND by Jeff Pauza, to continue CU14-10\V14-11 (integrated ag use and relief from setbacks at 4947 Spear Street) until November 5, 2014 pending further information from the applicant. VOTING: unanimous (7-0); motion carried. CU14-13: Conditional Use for construction of a suspension footbridge in the LaPlatte Nature Park on town owned property within the Conservation Zoning District and the Storm Water and Floodplain Overlay districts by Town of Shelburne/Joplan James Joplan James and Joe Colangelo appeared on behalf of the application. The DRB received a written staff report on the application, dated 9/17/14. Dean Pierce explained the suspension bridge is in the Floodplain Overlay District. Bridges are a conditional use in the district. The DRB may want more information on the negligible increase in impervious surface, whether materials will have chemical treatment, and what information or plan from a professional engineer is wanted. The project review sheet has been received and is in the file. Jeff Pauza said he is interested in the safety factor of the bridge 20 years in the future and would like to see plans by a certified professional engineer with factors of safety indicating the bridge will not fall into the water if five people are jumping in unison in the middle of the structure 10 years from now. Also, there should be guardrails or guides so a small child cannot climb over or hang/fall from the bridge. Joplan James gave a brief history of the bridge which began as an ash tree that fell across the river and was used by many to cross the river and walk to school. Spring flooding in 2012 washed the tree away so area residents built a suspension bridge in its place. The suspension bridge was installed without approval or permits from the town and had to be removed. An engineer was hired to design a new bridge installed two feet above the highest flood stage level. The town permit process is being pursued. The suspension bridge will be attached to trees so it is not a permanent structure, but will be long lasting. Without the bridge children have been walking across the Falls Road Bridge to get to

9 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 9 school which is not a safe situation. The Selectboard gave permission to submit an application to the DRB for the suspension bridge, but complete approval from the town s consulting engineer is needed before the project can move forward. Jeff Hodgson asked if there is any concern four living trees are being used to support the bridge, one of which is an ash tree that is susceptible to the ash borer. Mr. Hodgson questioned why a more permanent abutment is not being used. Joplan James said specialists in floodplains, rivers, and wetlands from the Vermont Department of Natural Resources reviewed the site and said the way the bridge is to be built is not a problem. There would be a problem with a structure set in the ground. The suspension bridge is a temporary structure. Jeff Pauza asked about monitoring the bridge on a regular basis to ensure safety. Joplan James said the residents formed a bridge committee of 16 members for oversight of maintenance and inspection. Mr. James said he personally checks the cables, attachments, and trees weekly for any compromise. There is now a box elder tree that has fallen across the river that is being used by people to cross the river until the new bridge is installed. Jeff Hodgson asked if the Town Attorney commented on the bridge. Joe Colangelo said the town is really the applicant because the bridge is on town property. There is not a final design of the bridge to be built. It is possible a bridge could be constructed at the location that a professional engineer could approve, but that information is not known at this time. The town s concern is safety. The town s consulting engineer, Steve Vock, will review the plans. Regarding liability, according to the insurance company when the bridge was originally built it was considered town property and would be covered by the town s insurance. Mark Sammut asked if there are easements in place to allow crossing private property to access the bridge. Joplan James said there are four private parcels to be crossed. One property owner has no problem with crossing his lot. Permission has not been received for the Rivercrest lot. (Steve Gibbs and Kevin Lavery disclosed they both live in the Rivercrest development.) It was noted there is property by the retention ponds deeded to the town as part of the Rivercrest development that could be used. Mr. James said Gardenside had concern about the lack of formal trail and people wandering in the woods on their side of the bridge. According to the town there is a deeded right-of-way which could be investigated. Jeff Pauza asked if the Paths Committee is involved. Joplan James said the Paths Committee is not actively pursuing the bridge and trail connection on the west side to the LaPlatte Nature trail at this time. There was brief discussion of the small bridges in the LaPlatte Nature Area built by Eagle Scouts and approved by the town.

10 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 10 Mr. Pauza asked about criteria or guidelines for closing the bridge (i.e. if the trees are dying and the bridge is no longer safe). Joplin James said an arborist inspected the trees already. Inspection will be done on a regular basis by the bridge committee. Joe Colangelo interjected the bridge committee must be responsible to the Town Manager and the Selectboard. Kevin Lavery asked if there are other examples where bridges in town are checked on a regular basis. Joe Colangelo said road bridges are inspected by the state. The town has a loss control specialist who inspects town buildings on a regular basis. Peter Keelan confirmed a four foot ladder must be climbed in order to get to the bridge decking. Mr. Keelan opined having the town s consulting engineer sign off on the bridge would be acceptable. Joe Colangelo clarified even if the DRB approves the bridge, the town needs to agree to build the bridge. S Conditional Use, Suspension Bridge, LaPlatte Nature Park, Town of Shelburne/Joplan James (CU14-13) MOTION by Kevin Lavery, SECOND by Peter Keelan, to close the hearing on the conditional use application for a suspension bridge in the LaPlatte Nature Park (CU14-13) by Town of Shelburne and Joplan James and direct staff to prepare a decision to indicate approval of the construction of a suspension footbridge in the LaPlatte Nature Park in the Floodplain and Watercourse Overlay as depicted in the site plan submitted with the application and with the following conditions: 1. A zoning permit shall be required prior to any improvements being made. 2. Any application for a zoning permit must contain plans certified by the town s consulting engineer. 3. No water course shall be altered or relocated as a result of the proposed development. 4. The town s consulting engineer shall review submitted as-built plans and certify that the structure is built in conformance with the plans and is safe. VOTING: unanimous (7-0); motion carried. 4. APPROVAL OF MINUTES September 3, 2014

11 SHELBURNE DEVELOPMENT REVIEW BOARD 10/1/14 PAGE 11 MOTION by Jeff Pauza, SECOND by Kevin Lavery, to approve the minutes of 9/3/14 as written. VOTING: unanimous (7-0); motion carried. 5. OTHER BUSINESS/CORRESPONDENCE There was brief discussion of integrated agricultural uses and changes of use. 6. ADJOURNMENT MOTION by Mark Sammut, SECOND by Kevin Lavery, to adjourn the meeting. VOTING: unanimous (7-0); motion carried. The meeting was adjourned at 9:25 PM. RScty: MERiordan