HomeMy WebLinkAboutAgenda 09_Minutes 2020-03-04 2020-03-17
DEVELOPMENT REVIEW BOARD 4 MARCH 2020
The South Burlington Development Review Board held a regular meeting on Wednesday, 4
March 2020, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: D. Philibert, Acting Chair; M. Behr (via telephone), J. Langan, E. Portman
ALSO PRESENT: M. Keene, Development Review Planner; D. Marshall, S. McAllister, S. Dopp, C.
Frank, J. Anderson, S. Hochner, O. Hansen, S. Homsted, C. Galipeau, J. Duncan, N. Pion
1. Directions on emergency evacuation procedures from conference room:
Ms. Philibert provided directions on emergency evacuation procedures.
2. Additions, deletions, or changes in order of agenda items:
It was noted that Agenda Item #9 would not be heard at this meeting as there was not a
quorum of members present who could hear the item.
3. Comments and questions from the public not related to the Agenda:
Ms. Dopp asked about a building that appears to be going up on the high end of the Auclair
Farm. She didn’t remember a project regarding that building. Ms. Keene said she would look
into it.
4. Announcements:
No announcements were made.
5. Continued Preliminary and Final Plat Application #SD-20-04 of Scott McAllister to
subdivide an existing 1.23 acre parcel developed with a single family home into three
lots of 0.63 acres (Lot #1), 0.28 acres (Lat #2) and 0.28 acres (Lot #3) for the purpose of
constructing a new single family home on each of Lots 2 and 3, 1430 Hinesburg Road:
Mr. Homsted advised that the 2 remaining items have been addressed. They now have a
signed TDR option agreement which will be reviewed by the City Attorney. They have provided
additional information from the Agency of Natural Resources that show very high well yields.
Mr. Homsted said they are fine with the stipulations regarding TDRs.
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No issues were raised by the Board of members of the public.
Mr. Behr moved to close SD-20-04. Mr. Langan seconded. Motion passed 4-0.
6. Continued Preliminary and Final Plat Application #SD-20-02 of CEA Properties, LLC, to
construct a two-story office building totaling 7,200 sq. ft. and a one-story 4,070 sq. ft.
veterinary hospital on an existing 3.1 acre lot currently developed with a 7,200 sq. ft.
office building and 1,000 sq. ft. storage building, 10 Mansfield View Lane:
Mr. Marshall noted that the project had been warned differently than it was currently
proposed. Ms. Keene said it would have to be re-warned but the Board could review it, and
have a future hearing for public comment.
Mr. Marshall showed an overhead of existing conditions and identified the existing buildings
and parking lots. He noted that in 2007, a 5-year Master Plan was approved with a similar
layout to this. The veterinary use has chosen not to proceed.
Mr. Marshall said the biggest change in the plan is the introduction of a more formal common
open space area based on Form Based Code standards. He showed the location of this area
and noted that it takes advantage of views of Mount Mansfield and Camel’s Hump.
Staff comments were then addressed as follows:
a. Is the applicant asking for conditional use approval of both buildings? Mr. Marshall
said they are. The conditional use is for the use of a cupola. He showed a building
concept with a cupola and showed a picture of the existing building, also with a
cupola. The conditional use would allow them to add to the building height. Mr.
Behr felt the cupola needs to be bigger. He also asked if they have met with the
neighbors now that they are building 2 stories. Mr. Marshall said they met with Tim
McKenzie. They will ask him to provide a statement to the DRB.
b. Mr. Marshall said they already have their preliminary water and wastewater
allocations. Ms. Keene said the question is whether they have been held for this
long. Mr. Marshall said the will look into that an reallocate if needed.
c. Mr. Marshall said they will agree to the stabilization method.
d. The issue of the access between buildings being for emergency use only: Ms. Keene
said this does not comply with regulations. Mr. Marshall noted that at the time of
the easement, the agreement with Eye Laser was the access be for emergency use.
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The concern is with cut-through traffic. There is an agreement for a traffic signal,
when needed. He suggested this be dealt with when Blackrock comes in for
their second phase as there is also concern with traffic from Blackrock and from
the eastern part of the development. Ms. Philibert read from the staff
recommendation to remove the gates and then re-apply for them at a later
stage. Ms. Keene said staff’s idea is “let’s see what happens.” Mr. Langan said
he was OK with “kicking the can down the road.” Mr. Behr said this is a classic
example of where connectivity is wanted between properties. Normally, the
Board would say “build to the property line.” Mr. Behr noted that as proposed,
the geometry conforms to the LDRs and that the restriction to emergency
vehicles only is the issue.
e. Mr. Marshall said they would comply with requests of the Fire Department.
f. Mr. Marshall showed where Public Works asked about the rec path alignment. He
noted it is “bent” to preserve existing trees. The Board was ok with the alignment as
proposed.
g. They will comply with comments from the Water Department.
h. They will comply with comments from the Stormwater Department.
i. Regarding offsite improvements re: stormwater: Mr. Marshall showed 2007 plans
and then the current path of stormwater. He clarified no additional improvements
are needed any longer. They will clarify this with the stormwater department.
j. Whether benches can replace trees as part of the landscape requirement: Mr.
Marshall showed the landscape plan including the location of sitting benches and
shading trees. Benches will allow for views of the mountains. Members were OK
with this.
k. They will comply with bicycle parking requirements.
l. They will work with staff regarding addresses.
No other issues were raised by the Board or the public.
Ms. Philibert moved to continue SD-20-02 to 21 April. Mr. Behr seconded. Motion passed 4-0.
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7. Continued Site Plan Application #SP-19-39 of R. L. Vallee, Inc., to demolish the existing
structures at 907 Shelburne Road and a portion of an existing service station at 793
Shelburne Road and construct an expanded service station with two additional fueling
positions for a total of ten and an associated 4,265 sq. ft. retail sales and restaurant
building, 793 and 907 Shelburne Road:
Mr. Hochner said he feels they have a good project and that they got good direction at the last
meeting. He hoped they can now get Board support.
Mr. Behr stressed that nothing has been “locked down” yet. Ms. Philibert added that the
Board’s job is to be sure the project is compliant with the regulations.
Staff comments were then addressed as follows:
a. Staff continues to recommend the Board review the application but not close
the hearing until the hearing on the subdivision is closed. The applicant had
no issue with this.
b. The Board determined the addition of a fuel pump to be an expansion of a
nonconformity. The Board was asked to review the application as if there
wasn’t a 5th pump; however, the compliance with several standards would be
different. Staff recommends the Board make its decision based on 5 pumps.
Mr. Anderson said they were hoping not to need a second application. Mr.
Behr said it’s not “just a number.” It involves circulation, lighting, etc. He
didn’t see the 5th pump as viable. He asked if this turns out to be the
majority opinion, whether the applicant will come back with an application
for 4 pumps or is the Board just wasting time reviewing the 5-pump
application. Mr. Anderson said in their mind, nothing really changes. He
questioned whether the Board wants them to present both a 5 and a 4 pump
application. Mr. Behr said the issue for him is that 5 pumps is a non-starter,
and why go through the application if this is the case. Mr. Anderson said
they need a “sufficient decision” so they can appeal it. They don’t know how
to get that without a full application. Members agreed to proceed.
c. Staff recommends that the Board find the criteria for parking and internal
circulation not to be met. The applicant requested getting legal review and
the Board supported that.
d. The application should be updated to provide correct dimensions. The
applicant agreed to do this.
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e. The applicant’s statement that VTrans approves the project is incorrect. Staff
recommends the Board not allow the evaluation of the proposed driveway
configuration to be influenced by the issuance of an LOI. Mr. Anderson said
the LOI has been issued. If there are changes they would have to get
approval from VTrans. If any changes are made because of issues with the
Water Department, those would also need approval.
f. There is no evaluation of why the applicant believes safety will be improved
enough to allow left turn movements out of the site. There is also no
evaluation of roadway capacity or capacity for left turn lanes. Ms. Keene said
the Board has the authority to ask for a second technical review; however,
the applicant has been unwilling to pay for this. The Board can still request
it. Mr. Anderson said they don’t know how big the check is for this. If a price
can be negotiated, they are OK with it. Ms. Keene suggested the Board
authorize it and see if an agreement can be reached. Members agreed to
authorize a second technical review.
g. Staff requests that the applicant demonstrate how the connection to the
south will work both in terms of topography and in terms of impacts to
functionality of the adjoining site. Ms. Keene showed the grading plan. Mr.
Galipeau said this will be part of a second site plan application for the
project. Members agreed to “let it fall where it will” and not keep the
present application open pending the site plan amendment for the adjacent
property. Mr. Galipeau said it is at their risk.
h. The applicant was OK with offsite mitigation.
i. Ms. Frank said the Bike/Ped Committee was pleased with the design of the
crosswalk. There is a jog that may have to do with an electrical box. Mr.
Galipeau said this is the alignment VTrans approved so the road can be
crossed in one full motion, not having people stop halfway.
j. Regarding the reconfiguration of the building entry to make it more
prominent as it does not meet the criteria: The applicant showed a new
concept with the door in the middle of the street side. The walkway is
shifted to approach the new door location. Mr. Behr suggested an
architectural detail (e.g., awing). Mr. Galipeau said they would have a sign
over the door and lights to illuminate the sign as well as the path. Ms. Keene
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noted that only 2 signs per building are allowed. The applicant said they will
work to limit it to 2.
k. Regarding consistency with the Comprehensive Plan: Ms. Keene reminded
the Board that this is a criteria that should guide their decision. Ms. Portman
said the plan will facilitate bike travel to Red Rocks Park. Ms. Portman said it
is more consistent than what is now there.
l. Staff notes that parking can’t be in front of the building except with certain
contingencies. Parking has to be screened, and screening can’t interfere with
sight distances. Mr. Galipeau said that parking screening was proposed. He
showed a landscape plan. They will listen to any comments from the City
Arborist. Mr. Behr questioned whether the “canopy” is a “building” for the
purposes of screening. He asked whether a 4-pump plan will have a
minimum parking requirement. Ms. Keene said it will not. Mr. Galipeau said
parking is very important to them.
m. There is a question as to whether the 3 front parking spaces in the tank area
are allowed. Mr. Anderson said they feel the 2 spaces where headlights face
Queen City Park are OK. They asked for a waiver for the 3 spaces facing the
apartment building. Mr. Galipeau said they propose to maintain parking to
the north of the building but shift it slightly to the west. They don’t feel
those 3 spaces will change the appearance, and they are valuable. Ms.
Keene noted there are at least 3 parking spaces between Queen City Park
Road and the building. Mr. Galipeau said that parking in front of the building
is allowed with certain criteria, and he felt they meet those criteria. Mr. Behr
said he had no objection if it is screened.
n. Mr. Anderson said they will address the situation on Queen City Park Road.
Mr. Galipeau said the question is whether the portion of the parking area
overlapping the canopy is counted as “aisle” or as “building.” Ms. Keene said
it involves the width of the parking area. If you don’t count under the
canopy, they don’t have enough parking area. She added it is up to the
applicant to find a solution. Mr. Anderson said he didn’t see anything that
says circulation areas can’t be partly under cover. Mr. Behr said the issue is
whether that meets the intent of the standard. It’s like looking for a
loophole to get around the LDRs.
o. The applicant indicated they would provide a rendering of the wall. Mr.
Galipeau said they will provide new renderings for the Board to review.
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p. Regarding the requirement for 10% interior landscaping and indicating this
criterion is met. Mr. Anderson said that if there are 28 contiguous spaces,
they have to meet that requirement. They don’t have the 28 contiguous
spaces. Members agreed. Mr. Langan said the applicant memo said they
would have planters and that would be nice.
q. The applicant said they will provide 2-1/2 inch caliper trees.
r. Mr. Galipeau said they have added curbs around all plantings.
s. Staff feels landscaping is deficient because it is coincident with the location
of snow storage and because the applicant hasn’t demonstrated that runoff
to the adjacent property will be appropriately treated. Mr. Galipeau said
there will be an understanding that if there is a significant snow event, snow
will be hauled away. There is now no stormwater treatment. The project
will collect and treat all stormwater. They will indicate where snow will be
placed on site. Ms. Keene asked that a note be added to the plan that
“additional snow will be trucked off.”
t. A printed rendering of the view from the attached residential property was
provided. Mr. Hochner said this will be an improvement over what is there
now.
u. Mr. Anderson said they feel they can address the remaining comments of the
Stormwater Department.
v. Staff asked the applicant to demonstrate that there is adequate circulation
for all vehicles including delivery and fire trucks. Mr. Galipeau said the
delivery trucks will be smaller. They are still trying to meet with the Fire
Chief who wants to see the plans so he can measure with their templates.
w. Staff requests that the south driveway be narrowed to a right turn in and out
to support reduced pedestrian crossing width and to limit vehicle
movements opposing the flow of traffic. Mr. Galipeau said they need the
width and that it is important to maintain access at the south curb cut. Mr.
Hochner said 95% of exiting traffic goes south. Mr. Galipeau said they want
to maintain both ways. He said it would be OK at night to turn left. He felt
the width was necessary because of the potential for a pickup truck with a
trailer, etc. Mr. Hochner said those vehicles now have to back out. This is
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better. Mr. Behr agreed that left turns would be rare. He did wonder about
the width and noted that the width of the access to Hannaford is narrower.
Mr. Galipeau said they don’t anticipate delivery vehicles going that way. Ms.
Keene read from the Public Works comments that left turn movements
should not be allowed as they are unsafe. Mr. Galipeau said it is a state road
and the state should determine this.
x. The applicant said they will address the remaining comments of the Fire
Chief.
y. Regarding the possible elimination of housing units, Mr. Anderson suggested
this be discussed at a future time. He said they are not proposing to
eliminate any housing use. The building being demolished was permitted as
a hotel use, and that was never changed. Ms. Portman agreed. Ms. Philibert
noted they had also paid rooms and meals tax on that building.
z. Possible technical review of proposed lighting plan: Mr. Anderson suggested
a 2-step process as there are “mixed signals” regarding more/less spill
lighting. They will meet with staff to “negotiate an amount for the review.”
Mr. Behr moved to invoke technical review of the lighting plan. Ms. Philibert seconded.
Motion passed 4-0.
aa. Regarding meeting of noise performance standards: Mr. Anderson said they
have now provided a noise study. It indicates that any delivery noise is de-
minimus to Route 7. Mr. Hochner said they have never had a noise
complaint. Mr. Hanson said they get deliveries at various times of day.
bb. The applicant will remove signage from the plan as the Board cannot approve
signage.
cc. The comments from CWD are substantial, and there can be no approval until
all of those issues are satisfied. If they are not, Standard #14.07B would not
be met. Mr. Galipeau said they have met with CWD several times. There is
no project without their blessing as they can’t get a water permit without
them. The goal is to get through the “deal breakers,” then work on the civil
components. There is a question of the cost of a new line around the
building and more. Mr. Pion and Mr. Duncan of CWD indicated they have
met with the applicants. The biggest concern is the thrust block under
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Shelburne Road. The main through the property is one of CWD’s main water
mains as more than 4.5 million gallons goes through there each day to
numerous transmission systems. The sleeve protects the water line. Where
the connection is shown is close to the sleeve and needs a very substantial
thrust block. CWD also wants further analysis of thrust restraints. They feel
the line under Shelburne Rd. will have to be replaced. Mr. Duncan added
that they normally don’t do anything like this. If there are issues, they don’t
want to compromise the system. He noted that some things in the LDRs are
counter to what CWD wants (e.g., placing landscaping over CWD
installations). He stressed they need to protect the final product that goes
in. Mr. Galipeau noted the cost involved and said they are looking at options.
They will work with CWD.
Ms. Philibert then moved to continue SP-19-39 of R. L. Vallee until 21 April. Mr. Behr seconded.
Motion passed 4-0.
8. Sketch Plan Application #SD-20-07 of R. L. Vallee, Inc., to consolidate two lots of 0.36
acres and 0.59 acres into one lot for the purpose of constructing an expanded service
station and retail sales and restaurant building, 793 and 907 Shelburne Road:
Mr. Galipeau said the purpose is to dissolve the property line between 793 and 907.
Staff comments were addressed as follows:
a. Preliminary water and wastewater approval has not been obtained. Mr.
Galipeau felt this is a site plan issue. He noted that there will actually be a
reduction in water and wastewater. Mr. Duncan noted that CWD is South
Burlington’s water agent. They assume the site plan has both wholesale and
retail water use. Ms. Keene noted these are both site plan and subdivision
criteria and need to be submitted.
b. Regarding compliance with Fire Chief’s needs: Mr. Galipeau said this is a site
plan condition.
c. Mr. Anderson said there will be a formal hearing on the site plan. He
suggested they back with a subdivision plan on 21 April as well, instead of on
March 17th as now scheduled. Ms. Keene said this will have to be voted on at
the 17 March meeting as it has already been warned, but the Board was
generally OK with the request.
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9. Sketch plan application #SD-20-08 of O’Brien Farm Road, LLC, to subdivide five existing
lots totaling 85.44 acres, one of which is developed with an existing barn, into seven
lots ranging from 0.51 acres (Lot 18) to 37.3 acres (lot 5) for the purpose of
transferring ownership and better aligning parcel boundaries with zoning districts, 500
Old Farm Road:
This item was postponed to March 17 as there was not a quorum of members who could take
action.
10. Minutes of 19 February 2020:
Mr. Langan moved to approve the Minutes of 19 February 2020 as written. Ms. Portman
seconded. Motion passed 4-0.
12 Other Business:
As there was no further business to come before the Board, the meeting was adjourned by
common consent at 10:40 p.m.
These minutes were approved by the Board on ___.
DEVELOPMENT REVIEW BOARD 17 MARCH 2020
The South Burlington Development Review Board held a regular meeting on Tuesday, 17
March 2020, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: M. Cota, Chair; The remaining Board members, B. Sullivan, J. Wilking, M.
Behr, D. Philibert, J. Langan, E. Portman participated via phone
ALSO PRESENT: D. Hall, Administrative Officer; M. Keene, Development Review Planner; H.
Auclair; the following persons participated via Go to Meeting: A. Gill, E. Langfeldt, K. Johnson, D.
Walrath
***Mr. Cota noted the arrangement for this meeting was to address health concerns. Board
members participated via phone as could members of the public and presenters.***
1. Directions on emergency evacuation procedures from conference room:
Mr. Cota provided directions on emergency evacuation procedures.
2. Additions, deletions, or changes in order of agenda items:
No changes were made to the agenda.
3. Comments and questions from the public not related to the Agenda:
No issues were raised.
4. Announcements:
There were no announcements.
5. Continued Final Plat Application #SD‐19‐31 of R. L. Vallee, Inc., to consolidate two lots
of 0.36 acres and 0.59 acres into one lot for the purpose of constructing an expanded
service station and retail sales and restaurant building, 793 and 907 Shelburne Road:
Mr. Cota and Mr. Sullivan recused themselves.
Mr. Behr advised that the applicant had requested a continuation until 21 April.
Mr. Wilking moved to continue SD‐19‐31 until 21 April 2020. Ms. Portman seconded. Motion
passed unanimously.
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6. Conditional Use Application #CU‐20‐01 of Skada Builders to construct a 598 sq. ft.
addition to an existing two‐story house. The addition will be located above the
existing driveway and consists of a first‐story mudroom and carport and a second
story habitable space, 42 Central Avenue:
The applicant indicated that the correct square footage is 586 sq. ft. Ms. Keene said the
Findings of Fact will be amended to reflect this.
Ms. Dawn asked why there were no staff notes and just a decision. Ms. Keene said that
sometimes staff gets applications that are very “clean” in which case staff goes straight to a
draft decision.
Mr. Wilking asked if the neighbors are OK with view corridors, shading, etc. The applicant said
she had spoken with all of the neighbors, and they are unanimously fine with the application
and voted to not attend the DRB meeting. The neighbor to the north was “thrilled” with the
design, and the neighbor to the south is OK with it. She added they tried to do something as
open as possible, so the construction below is open with the studio space up top.
Mr. Wilking felt the plans are better than what the Board usually sees.
Mr. Behr liked the project. He did ask whether the unit could be converted to an apartment in
the future. The applicant said it is not designed that way. It is part of the existing home and
just for her own studio use. Ms. Hall noted a conversion could not happen without approval.
No other issues were raised.
Mr. Cota moved to close CU‐20‐01. Ms. Philibert seconded. Motion passed unanimously.
7. Final Plat Application #SD‐19‐33 of Heather Auclair to subdivide an existing
undeveloped 194 acre parcel and an existing 0.37 acre parcel developed with a single
family home into two parcels of 191 acres (Lot #1) and 3.43 acre (Lot #2) for the
purpose of consolidating the existing septic and lawn area for the 0.37 acre parcel
onto a single parcel (Lot #2), 1650 Hinesburg Road:
Mr. Langan recused himself due to a potential conflict of interest.
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Ms. Auclair explained that they want to extend the borders and draw a straight line across in
order to consolidate the septic and lawn areas for the 0.37 acre parcel.
No issues were raised.
Mr. Cota moved to close SD‐19‐33. Mr. Wilking seconded. Motion passed 6‐0.
Mr. Langan rejoined the Board.
8. Rescheduled sketch plan application #SD‐20‐08 of O’Brien Farm Road, LLC, to
subdivide five existing lots totaling 85.44 acres, one of which is developed with an
existing barn, into seven lots ranging from 0.51 acres (Lot 18) to 37.3 acres (Lot 5) for
the purpose of transferring ownership and better aligning parcel boundaries with
zoning districts, 500 Old Farm Road:
Mr. Wilking recused himself due to a potential conflict of interest.
Ms. Philibert noted she is an abutter but far away from this area. There was no objection to her
continuing to serve on the Board for this application.
Mr. Langfeldt said they have submitted some supplemental information. This is just a simple
subdivision in order to consolidate ownership for the 85 acres that are not already approved for
development. The eventual plan is a for a walkable mixed use project.
A map of the site was shown and the intersection of Kimball Avenue and Kennedy Drive was
indicated.
Ms. Keene stressed that this application is for the subdivision only, not to approve the Master
Plan. She also stressed that the lots will be considered one lot for the time being.
Mr. Gill showed an exhibit where each proposed lot was a different color. There are 8 different
lots proposed.
Staff comments were then addressed as follows:
1. Has the lot division occurred based on zoning lines? Mr. Langfeldt noted
they will be requesting the Board allow them to apply the zoning of the
adjacent district up to 50’ into the adjacent district, as allowed under the
LDRs, and with that 50’ taken into consideration the lots would be along
zoning boundaries.
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2. The applicant agreed to show the outer boundary of each lot at the next
review.
3. Lot 18 doesn’t meet the minimum lot size. Its use was questioned. Mr. Gill
said that lot will become larger when the road gets rerouted. They will be
requesting the DRB consider all of lot 18 as in the R‐12 district which would
make it developable. Ms. Keene noted that a road isn’t automatically part of
a lot. Mr. Gill said it will be part of the request at the next hearing. Ms.
Keene said Staff will look into whether the Board can allow a too‐small lot
because no development is proposed.
4. and 5. Lots 17 & 18 are in the previously approved PUD but not part of the
previous master plan. Mr. Langfeldt asked if they needed to amend the PUD
as well. Mr. Gill said if the notice of conditions from 2016 ties those lots to
another development, they should be amending that. They can amend the
notice of conditions, but are wondering if there is a simpler way to do it. Ms.
Keene said they can amend the notice of conditions without amending the
PUD. The Board asked if the applicant is considering one lot either side of
Old Farm Road? For zoning purposes, this is being considered one lot. Mr.
Langfeldt said that recording a notice of conditions for these lots is one more
hurdle to get over. If it’s necessary, they are OK with it. The Board was OK
with the applicant not recording a new notice of conditions for this property.
No other issues were raised.
Mr. Wilking rejoined the Board.
9. Minutes of 29 January 2019:
It was noted that in one place the year 2020 should read 2019.
Mr. Cota moved to approve the Minutes of 29 January 2019 as amended. Mr. Wilking
seconded. Motion passed 5‐0 with Ms. Philibert and Mr. Langan abstaining.
10. Other Business:
No other business was presented.
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As there was no further business to come before the Board, the meeting was adjourned by
common consent at 8:05 p.m.
These minutes were approved by the Board on ___.