Loading...
HomeMy WebLinkAboutSD-08-34 - Decision - 1580R Dorset Street#SD-08-34 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING DORSET STREET ASSOCIATES - CIDER MILL II FINAL PLAT APPLICATION #SD-08-34 FINDINGS OF FACT AND DECISION Dorset Street Associates, LLC, hereafter referred to as the applicant, is seeking final plat approval to amend a planned unit development consisting of 149 residential units. The amendment consists of: 1) adding 30 acres to the project area, 2) constructing 79 single family dwellings, and 3) constructing 30 multi -family dwelling units, 1530 Dorset Street. The Development Review Board held public hearings on July 15, 2008, November 4, 2008 and November 18, 2008. Lance Llewellyn represented the applicant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant is seeking final plat approval to amend a planned unit development consisting of 149 residential units. The amendment consists of: 1) adding 30 acres to the project area, 2) constructing 79 single family dwellings, and 3) constructing 30 multi -family dwelling units, 1530 Dorset Street, 2. The application was reviewed on July 15, 2008 but continued at the request of the Board so as to allow for a technical review of the traffic impacts. The application has since been continued several times so that Staff and the applicant could continue to review traffic implications. 3. The owner of record of the subject property is Dorset Street Associates, LLC & G.A. Associates, LLC. 4. The subject property is located in the Southeast Quadrant Natural Resources Protection Zoning District (SEQ-NRP), the Southeast Quadrant Neighborhood Residential Zoning District (SEQ-NR), and the Southeast Quadrant Village Residential Zoning District (SEQ-VR). 5. The plans submitted consist of a 37 page set of plans, page two (2) entitled, "The Cider Mill Cider Mill Phase II Existing Features South Burlington Vermont", prepared by Llewellyn -Howley, Inc., dated 3/1/07, last revised 2/29/08. - 1 - #SD-08-34 The total acreage of the Cider Mill Development, including the amendment, is 154 acres. The density of right, generated by the land, at 1.2 units per acre, allows for 185 units. The maximum units allowed, per the South Burlington Land Development Regulations and in accordance with Chapter 9, the Southeast Quadrant, and determined by the various sub -districts included in the very large parcel, is 568 units. The applicant is proposing a total of 326 units (68 of these are for future development, to be phased in at a later date). Therefore, a total of 141 development rights shall be needed. The applicant has stated that they have a legal option to purchase enough development rights to build the project as proposed and has submitted the legal documents pertaining to the options for review by the City Attorney as part of Master Plan approval. The development rights should be purchased by the applicant prior to issuance of zoning permits for any units beyond the 185 allowed by the property's inherent density. 149 units have been previously approved as part of the prior subdivision and the applicant has thus far been issued zoning permits for 43 of these units. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The standards for this criterion are found below in a review of the regulations of the Southeast Quadrant. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed subdivision of this property is in conformance with the South Burlington Comprehensive Plan. Southeast Quadrant District This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 9 of the SBLDR. 9.06 Dimensional and Design Requirements Applicable to All Sub -Districts The following standards shall apply to development and improvements within the entire Southeast Quadrant Zoning District. A. Height. -2- #SD-08-34 (1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district shall not exceed forty-five feet (45'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. (2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not exceed fifty feet (50'); the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. The applicant has stated that the heights of buildings will remain below the height limitations of the sub -district. B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels The layout of the proposed subdivision provides for two substantially sized parks and another smaller one. These are acceptable. The more northern park is largely a wetland and will serve as mostly open space and include a stormwater pond. The more southern park is on dry soils and will be easily accessible to the 100+ homes in the vicinity. The park is easily accessed via walkways across the lots. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub -district allowing carefully planned development at the average densities provided in this bylaw. The streets and building lots are consistent with the regulating plan. The street, block and lot pattern provides pedestrian -scaled development and the street patterns allow for direct walking and bicycling trips. The street design also promotes slower speeds and connections between neighborhoods. The proposed parks are easily accessible for all residents of the proposed development. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. The applicant has provided language which provides for ongoing maintenance of the park areas. Furthermore, this language also includes provisions for protection of the wetland and associated buffers. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land -3- #SD-08-34 Development Regulations The applicant has submitted a grading and erosion control plan as part of the phasing plan. The Board finds it appropriate at this time. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. The wetlands located within the park land have been delineated with a landscape buffer or split rail fencing. They should be kept as natural as possible, and be brush -hogged several times per year rather than mowed. C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community - supported agriculture. This criterion is not applicable to this application. D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. (1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. The City of South Burlington Water Department has reviewed the plans and provided comments in a memo dated July 16, 2008. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. Access is proposed via a street connection to the existing Cider Mill development. Access is also shown to the east to Hinesburg Road via a 24 foot wide road located in an existing 75 foot Right -of -Way. The applicant has submitted details of the roadway. The Department of Public Works reviewed the preliminary plans in a memo dated September 18, 2008. #S D-08-34 The City Engineer has reviewed the plans and provided comments in a memo dated July 3, 2008. The plans should be revised in accordance with these comments. Future street access is also shown to the south and north side of the lot for potential connections to future developments. (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The Recreation Path Committee discussed the plans with the applicant at a meeting on September 8, 2008. At issue is a concern for an easement to the Scott property. A pedestrian path easement to the "Scott' property, now owned by the City, is shown on the plans. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. The City of South Burlington Fire Department has reviewed the plans and issue comments in a memo dated September 11, 2008. The applicant shall adhere to the comments of the Fire Chief. There is no need for revisions to the plans. E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Access is proposed via a street connection to the existing Cider Mill development. Access is also shown to the east to Hinesburg Road via a 24 foot wide road located in an existing 75 foot Right -of -Way. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. The plans include rights -of -way and provisions for access to the properties to the north and the south of the new portion of the development as well as a 50 foot wide road access easement from Sommerfield Drive (in Cider Mill 1) to the Jewett property to the south. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The neighborhood roads are proposed to be 26 feet wide with parking on one side, 24 feet wide in areas with no on -street parking. The road widths are proposed to be narrowed to 18 -5- #SD-08-34 feet with no parking at the wetland crossings. This meets the standards set forth in Table 9- 2, Street Design Criteria for Local Streets in the SEQ-NR zoning district. All roads are set within 50 foot right-of-ways with the exception of that which is labeled as "Aurora Road" on the plans, which is proposed to be 60 feet wide. (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. 9.08 SEQ-NR &NRT Sub -District; Specific Standards The SEQ-NRT sub -district has additional dimensional and design requirements, as enumerated in this Section. A. Street, Block and Lot Pattern (1) Development blocks. Development block lengths should range between 300 and 400 linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 feet or longer must include mid -block public sidewalk or recreation path connections. This criterion is being met in this application. The development blocks are broken by the two proposed parks and are appropriate in length. (2) Interconnection of Streets. Average spacing between intersections shall be 300 to 500 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may not exceed 200 feet in length. Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). All streets loop into others; connectivity in the proposed development is ideal. (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. This matter has already been commented on. The plans depict numerous connection opportunities at various parcels to the north and south. (4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Lot ratios are appropriate. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR sub -district are intended to be low -speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. #SD-08-34 Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR. The roadway, sidewalk, and recreation path design have already been commented on. (2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an additional minimum five-foot planting strip (greenspace) separating the sidewalk from the street. Sidewalks are required on one side of the street, and must be connected in a pattern that promotes walkability throughout the development. The DRB may in its discretion require supplemental sidewalk segments to achieve this purpose. This criterion is being met. (3) Street Trees; see Section 9.08(B)(3) Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on center. At this point, the applicant is proposing street trees in accordance with the regulations along both sides of every street except for Aurora Road where there are no street trees to the north. The Board agrees that it is presumptuous to put the trees in advance of development and risk damaging them with construction, but would like to ensure that the trees are planted should the development never occur. The Board will require a phasing plan, which would require street trees to be planted in five years, or otherwise re- considered for an extension by the Development Review Board. The City Arborist has reviewed the plans and provided comments in a memo dated July 2, 2008. There are minor changes needed to the plans. The applicant has noted in a planting specification that no street trees will be planted until construction is complete. The Board finds this comment too vague. The Board will require that street trees be delayed until road construction is complete, but must be in place prior to adding the final layer of top -coat. (4) On -street parking; see Section 9.08(B)(4). This issue has already been commented on. (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5). The City Engineer and Director of Public has commented on this issue. (6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14') shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower- 7- #SD-08-34 intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot -spots) and trespass minimized to the lowest level consistent with public safety. The applicant has submitted sufficient lighting details. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi -family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). (2) Building Fagades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but facades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. The applicant is requesting to address the Residential Design, pursuant to Section 9.08(C) of the Regulations, including building orientation, building facades and front building setbacks, placement of garages and parking, and mix of housing types until a later date. (3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. Buildings should be set back twenty-five feet (25') from the back of sidewalk. As no building envelopes, footprints, or elevations have been submitted, staff cannot determine if this criterion is being met. (4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or other solid materials. (5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. Compliance with this criterion cannot be determined until road right-of-way lines and building elevations are submitted. The applicant has stated that they will be seeking a waiver from this requirement; permission is requested to allow the garage setback from the face of the building to be 3 feet rather than 8. Permission is also requested to allow the garage to be set back form the front of the porch to be 8 feet, rather than from the front of the building. The applicant is requesting to address the Residential Design criteria at a later date. #S D-08-34 (6) Mix of Housing Types. A mix of housing types is encouraged within neighborhoods and developments. Housing types should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of identical housing types. The applicant is proposing 66 single family homes, 13 carriage homes (single family detached condos), and 30 townhouses (multi -family). This is sufficient to meet this criterion. This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 15.18(B). The proposed subdivision is in compliance with all provisions of this section. Traffic The major issue with regards to traffic impact involves the question of what is the applicant's responsibility towards the cost of improving the VT 116/Cheesefactory Road intersection? This issue was raised in the applicant's Traffic Impact Study under Conclusions and Recommendations. The City's traffic consultants, Georges Jacquemart of Buckhurst Fish & Jacquemart, Inc., reviewed the Traffic Impact Study and responded in a report dated August 4, 2008. The applicant's traffic consultant, Abby Lisius of Trudell Consulting Engineers responded to Mr. Jacquemart's memo with a memo to him dated 9/25/08. Mr. Jacquemart then responded to her comments in a memo dated October 14, 2008. In his latest memo, Mr. Jacquemart proposes to "calculate the respective shares of improvement responsibility based on the level of service D threshold and using the existing and future delay condition during the AM peak hour as a measurement". He concludes, based on his "analysis taking into consideration all traffic volumes above the acceptable LOS D limit, the Cider Mill Phase II project would be responsible for 35.6% of the improvement costs...". Staff contacted Mr. Jacquemart by e-mail on 10/27/08 to inquire as to how many dwelling units the developer could build before triggering the need for the intersection improvement. His answer was 23.1 % of the planned units. This represents 25 dwelling units. The applicant shall be subject to the following two (2) conditions which address the issues discussed above: Prior to issuance of a Zoning Permit for the construction of the 26th dwelling unit of Cider Mill II, the City shall assess the developer (Dorset Street Associates, LLC and GA Associates, LLC), at a maximum, 35.6% of the City of South Burlington's cost of improvements to the Vermont Route 116/Cheesefactory Road intersection. The cost of said improvements are to be determined by the developer after consultation with the Vermont Agency of Transportation and the City of South Burlington Public Works Department. The percentage of actual M #SD-08-34 costs paid shall be adjusted by a percentage, to be determined by the impacts of subsequent developments affecting this intersection upon application to the Development Review Board as an amendment to this approval. The Developer shall conduct turning movement counts at the Vermont Route 116/Nadeaucrest Street intersection prior to the issuance of a zoning permit for the 50th and 100th dwelling unit in Cider Mill Il, to determine if a northbound left turn lane is warranted. The warrant analysis shall be provided to Staff for review. Turn lane shall be constructed by the developer when the warrant is met and completed within six (6) months of the determination that the improvement is warranted. DECISION Motion by Roger Farley, seconded by Peter Plumeau, to approve Final Plat Application #SD-08-34 of Dorset Street Associates, subject to the following conditions: All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning and Zoning. 3. The plans shall be revised to show the changes below prior to final plat submittal: a. The plans shall be revised to comply with the requests of the South Burlington Water Department as outlined in a memo dated July 16, 2008. b. The plans shall be revised to comply with the requests of the City Engineer as outlined in a memo dated July 3, 2008. c. The plans shall be revised to comply with the requests of the Public Works Department dated August 2, August 3, and August 31, 2007. d. The subdivision plat sheets shall be revised to note "final" subdivision plat and shall include the seal and signature of the land surveyor. e. The plans shall be revised to include 911 street addresses f. The subdivision plats shall be revised to show the 50 foot wide road easement to the Jewett property to the south and the 10' and 20' pedestrian path easements from Sommerfield Drive to the Auclair property to the south. 4. The applicant shall adhere to the comments of the South Burlington Water Department as outlined in a memo dated July 16, 2008. -10- #SD-08-34 5. The applicant shall adhere to the comments of the Director of Public Works as outlined in a memo dated September 18, 2008. 6. The applicant shall adhere to the comments of the City Engineer as outlined in a memo dated July 3, 2008. 7. The applicant shall adhere to the comments of the South Burlington Fire Chief as outlined in a letter dated September 11, 2008. 8. The applicant shall adhere to the comments of the City Arborist as outlined in a memo dated July 2, 2008. 9. The applicant shall submit legal documents to be recorded in the land records showing clear ownership of the remaining 141 development rights to the City Attorney for approval, prior to issuance of a zoning permit for the 1861" unit. 10. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 11. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 12. The applicant and/or Homeowner's Association shall provide for ongoing maintenance (i.e. mowing) for the areas designated as "neighborhood park lands". 13. The wetlands and associated buffers in the open space areas shall be kept in as natural a state as possible and shall be brush -hogged several times per year, but never mowed. 14. Pursuant to Section 12.02(E) of the Land Development Regulations, the Board approves wetland & wetland encroachments as depicted on the approved plan. 15. There shall be no use of pesticides or non -organic fertilizers within the wetlands or associated 50 foot buffers. 16. The applicant shall receive final wastewater allocation from the Director of Planning and Zoning prior to issuance of any zoning permits. 17. The applicant shall post a $253,650 landscaping bond for the street trees prior to issuance of the zoning permit for road construction. The applicant shall also post a $27,045 landscape bond for the project site landscaping prior to issuance of the first residential zoning permit. These bonds shall remain in full effect for three (3) years from planting to assure that the landscaping has taken root and has a good chance of survival. 18. Prior to the issuance of a zoning permit for the first building or start of utility or road construction, all appropriate legal documents including easements (e.g. irrevocable offer of dedication and warranty deed for proposed public road, and - 11 - #SD-08-34 utility, sewer, water, pedestrian path, etc) shall be submitted to the City Attorney for approval and recorded in the South Burlington land records. 19. Prior to start of construction of the improvements described in condition # 18 above, the applicant shall post a bond which covers the cost of said improvements. 20. In accordance with Section 15.14 of the South Burlington Land Development Regulations, within 14 days of completion of required improvements (e.g. roads, water mains, sanitary sewers, storm drains, etc.) the developer shall submit to the City Engineer, "as -built" construction drawings certified by a licensed engineer. 21. This approval does not include site plan approval for the multi -family dwellings shown on the plans. 22. No zoning permits can be issued in the development for any residential unit until such time as the Development Review Board has approved the Residential Design pursuant to Section 9.08(C) of the Land Development Regulations. 23. Street trees shall be planted along the northern side of "Aurora Road" at a date no later than five years from the recording of the mylar for this subdivision. At such a time, any proposals to delay the plantings further must be approved by the Development Review Board on a yearly basis. 24. Street trees must be in place on each street or road prior to adding the final layer of the pavement 25. Prior to issuance of a Zoning Permit for the construction of the 26th dwelling unit of Cider Mill II, the City shall assess the developer (Dorset Street Associates, LLC and GA Associates, LLC), at a maximum, 35.6% of the City of South Burlington's cost of improvements to the Vermont Route 116/Cheesefactory Road intersection. The cost of said improvements are to be determined by the developer after consultation with the Vermont Agency of Transportation and the City of South Burlington Public Works Department. The percentage of actual costs paid shall be adjusted by a percentage, to be determined by the impacts of subsequent developments affecting this intersection upon application to the Development Review Board as an amendment to this approval. 26. The Developer shall conduct turning movement counts at the Vermont Route 116/Nadeaucrest Street intersection prior to the issuance of a zoning permit for the 50th and 100th dwelling unit in Cider Mill II, to determine if a northbound left turn lane is warranted. The warrant analysis shall be provided to Staff for review. Turn lane shall be constructed by the developer when the warrant is met and completed within six (6) months of the determination that the improvement is warranted. 27. Any changes to the final plat plan shall require approval of the South Burlington Development Review Board. 28. The mylar shall be recorded prior to any zoning permit issuance. -12- #SD-08-34 29. The final plat plan (survey plat sheets 1 & 2) shall be recorded in the land records within 180 days or this approval is null and void. The plan shall be signed by the Board Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the South Burlington GIS Coordinator. Mark Behr — ea nay/abstain/not present Matthew Birmingham — yea/nay/abstain of present John Dinklagete/nay/abstain/not nay/abstain not present Roger Farley ay/abstain/no present Eric Knudsen present Peter Plumeanay/abstain/not present Gayle Quimby — yea/na abstain of present Motion carried by a vote of I - Signed this da of ' 01, �L.�' 2008 bY Y i Mark Behr, Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). -13-