HomeMy WebLinkAboutMinutes - Development Review Board - 06/02/2020DEVELOPMENT REVIEW BOARD
2 JUNE 2020
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DEVELOPMENT REVIEW BOARD 2 JUNE 2020
The South Burlington Development Review Board held a regular meeting on Tuesday, 2 June
2020, at 7:00 p.m. via remote technology.
MEMBERS PRESENT: M. Cota, Chair; J. Wilking, M. Behr, D. Philibert, J. Langan, E. Portman
ALSO PRESENT: D. Hall, Administrative Officer; M. Keene, Development Review Planner; A.
Luzzatto, S. Dopp, D. Leban, J. Anderson, B. Avery, A. Hergenrother, B. Sirvis, B. Currier, C.
Orben, C. Griffin, C. Galipeau, J. Dagesse, J. Owens, J. Bossange, L. Lackey, K. Kritikos, N.
Gonzalez, P. O’Leary, S. Hoechner, S. Vallee
1. Additions, deletions, or changes in order of agenda items:
Mr. Cota asked to move approval of the minutes prior to Announcements.
2. Minutes of 19 May 2020:
Mr. Cota moved to approve the Minutes of 19 May as written. Ms. Philibert seconded. Motion
passed 6‐0.
3. Comments and questions from the public not related to the Agenda:
Mr. Cota noted receipts of two letters from the public (Leslie Plummeau and C. Lazar. These
are in the public record and can be viewed.
4. Announcements:
Mr. Cota reminded attendees to sign the virtual sign‐in sheet or provide their names to Ms.
Keene. This is necessary for anyone who wishes to appear a decision of the DRB.
Mr. Cota also announced that the public will have the opportunity to comment at this meeting
or to send written comments.
5. Continued Preliminary and final plat application #SD‐20‐02 of CEA Properties, LLC, to
construct two 2‐story office buildings of 7,200 sq. ft. each 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 Lane:
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Mr. Cota noted that the applicant has asked for a 3‐month continuance to allow time for
coordination with the State stormwater department.
Mr. Cota then moved to continue SD‐20‐02 of CEA Properties, LLC, to 1 September 2020. Mr.
Behr seconded. The motion passed 6‐0 via a rollcall vote.
6. Preliminary Plat application #SD‐20‐17 of Blackrock Construction for the 6.91 acre
“Wheeler Parcel” phase of a previously approved master plan for a 450‐acre Golf
Course and 354‐unit residential development. The planned unit development consists
of establishing two lots and constructing 22 dwelling units in two‐family homes and 10
units in single family homes, 550 Park Road:
The applicant reviewed the history of the proposal and reminded the Board that the zoning
district and standards for this development were set by the city as part of a legal settlement.
The development will use municipal water and sewer. The road will be 1000 feet long. There
will be a rec path to connect to the existing path and also a landscape buffer along the Dorset
St. and Park Rd. paths.
Staff comments were then addressed as follows:
a. Coverage: Staff is asking whether the Board will require the applicant to
show that coverages are met or will they stipulate that the coverages are
met. Ms. Keene noted there is a stipulation that the 15% and 30% coverages
must be met as a whole; however, the rules are silent on a “project by
project” basis, similar to the situation at the Airport. Mr. Currier said the
Golf Course PUD is at approximately 2% building coverage and 16% overall
coverage, so they feel they are within the limits. Board members were OK
without an update.
b. Staff is asking for building heights in the one‐story zones. The applicant said
these will be presented at this meeting and additional details at a future
meeting. He showed one single‐family design and agreed with staff that it
does not meet the spirit of a single family home. He asked what the Board
would like to see. Mr. Behr said that once the roofline is brought down
dramatically, it will improve the look. At the rear elevation Mr. Behr said he
would like to see deeper eaves, a possible porch, and a change of materials
in the gables. Ms. Keene questioned how the buildings will look from Dorset
Street, whether they would have back entrances so they look like buildings
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with two fronts. Mr. Avery said the 2 homes on lots 1 and 2 are not identical
next to each other. He appreciated the feedback from Mr. Behr. Mr. Behr
said he didn’t want the buildings to look like a poorly designed elevation,
through he did not necessarily want “2 fronts.” Mr. Cota said he didn’t want
any windowless walls. Mr. Avery showed another 1‐story design and
acknowledged it needed work on the rear side. They will rethink the
dormers and provide windows and more architectural detail on the rear.
What they don’t want is a standard “ranch home” look.
c. The applicant will provide the height measured at the midpoint of the roof at
the next meeting.
d. The applicant will provide a vegetation protection plan.
e. The Board had no preference for a 2 or 3‐rail split rail fence. Mr. Avery said
they prefer 2 as it feels less “fency.” Ms. Keene noted the fence is required.
The Board agreed with 2 rails.
f. The applicant will provide water and wastewater allocations.
g. Regarding rec paths, the applicant is proposing one path down the middle of
the parcel. The Public Works Director is asking that it be 10 feet wide. The
Public Works Director is also questioning the safety of the ends of the street
regarding sight distances. Mr. Currier said they will look at the buffer to see
if they need to revise the plan to get better sight distances. The landscape
buffer is a requirement, and they need to balance safety with screening.
h. Regarding the proposed grassed access road to the pump station,
wastewater staff is asking that it be paved. The applicant was OK with that
requirement.
i. The Building Inspector is asking for 3 feet of clearance in all directions. The
applicant said they believe they meet this. They will provide details at final
plat.
j. The City Arborist is asking for alternatives to the pin oak, red cherry and red
maple. The applicant said they will provide that at final plat.
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k. Staff is asking for clarification as to which buildings will be located in which
location. Mr. Avery said they will be making design changes before making a
final placement. They will present this at final plat.
l. Regarding south‐facing translucent glass, the applicant noted a number of
building sides face south. They will probably ask for a waiver down from the
35% requirement for those. Mr. Behr said he would like the requirement
met on buildings facing Park Road. The applicant was OK with that.
m. The Board agreed that the requirement for facades also applies to buildings
oriented to the rec path.
n. Regarding the 25‐foot maximum setback, Mr. Currier said the buildings are
space 11 feet from each other. Moving them forward would make them 9.5
feet apart. To keep the 11‐feet, they would have to shift some units to Park
Road. Members were OK leaving buildings as presented.
o. The applicant agreed to confirm compliance regarding placement of garages
and parking.
p. The applicant will provide information on how the requirement for a mix of
styles will be met.
q. Regarding grading and a tree protection plan, Mr. Avery said they submitted
a plan with all the trees greater than 6” caliper. They will be planting 200
trees and hundreds of shrubs including plantings in the buffer areas. There is
little opportunity to save existing trees; however, they will look at what can
be saved. Ms. Keene noted that trees in the buffer and around the
development are the ones most likely to be saved. Mr. Cota asked that the
trees to be saved be identified on the plan.
r. The applicant agreed to provide an open space management plan.
s. Staff is questioning whether to maintain the stormwater swale in the south
landscape buffer. Ms. Keene noted that the swale will require maintenance
which means excavating, and the question is whether that should be
happening in a landscaped buffer. The applicant said most stormwater will
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be piped. They can change the second half of the swale which would
alleviate some of the maintenance concerns.
t. Regarding setback requirement from rec paths, the applicant is proposing 70
feet from the high use path (50 is required) and 50 feet from the low use
path.
u. The applicant agreed to provide updated information regarding the arborist’s
comments.
v. The applicant will comply with E911 requirements.
Public comment was then received as follows:
Ms. Griffin asked if they will upgrade the water pump. The applicant replied that they will be
connecting to municipal water.
Mr. Bossange felt the buildings along Dorset St. should be one story because it is a view
corridor. He also felt the entrance to the development is dangerous as planned and that entry
should be off Dorset St.
Ms. Dopp noted there are 2 or 3 large, healthy trees and asked if the Arborist could be
consulted about saving them.
Mr. Luzzatto, representing the neighborhood across the street, said they feel the development
is too dense and will increase Dorset St. traffic. There is no crosswalk to get to the rec path and
suggested one at the water tower. He also noted the development will add children to the
school district. Mr. Cota said the Board cannot review who moves into home; they can only
make sure the project conforms with the regulations.
Ms. Leban noted that the tree inventory was missing all the big trees, especially a large, healthy
oak tree that doesn’t seem to interfere with homes. She encouraged Board member to walk
the site. She felt the developer is grading the site and eliminating trees that don’t have to be
removed. The house styles are created for a flat site, but if there were different house styles,
they wouldn’t have to do so much grading and remove so many trees. She also felt the location
of the rec path in the middle of the development is redundant and requires cutting down more
trees than necessary. Mr. Behr asked if that rec path is necessary and felt it would be a great
site for conservation. Ms. Keene said she didn’t see a requirement for that rec path. Mr.
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Currier said they aren’t “married to” that path, but the grading has to do with the roadway to
get drainage away from the houses. They could save some sections if that rec path is not there,
but the grade change still is the controlling factor.
J. Bloom asked if there was a traffic study. Mr. Avery noted that at sketch plan it was deemed
unnecessary. They have provided ITE information.
Ms. Dopp asked if the Board is wedded to the number of units. Mr. Cota said he is not hearing
from the Board that it is too dense.
Mr. Cota then moved to close SD‐20‐17 of Blackrock Construction. Ms. Philibert seconded.
Motion passed 6‐0 via a roll call vote.
7. Site Plan Application #SD‐20‐023 of Burlington International Airport to pave an
approximately 62,600 sq. ft. area for the purpose of creating an overnight aircraft
parking area south of the existing terminal apron and adjacent to the north hangar,
1200 Airport Drive:
Mr. Lackey noted that commercial aircraft currently park on the north side of this area. The
proposed plan improves safety and maneuverability. 1.44 acres will become impervious. Mr.
Lackey indicated the site for stormwater collection.
Mr. Cota then read from comments from the Stormwater Superintendent as follows:
a. Details of the underground system are needed
b. Details of the sand filter are need
c. The sand filter must meet the standard
d. The system should handle a 1” rainfall.
Mr. Lackey said they will meet item a, b. and c. They have already provided item d. Mr.
Gonzalez said the Isolator Row is actually the sand filter; it is just called by a different name.
Ms. Keene said the application has to be continued so the Board can get all the stormwater
information.
Mr. Cota moved to continue SD‐20‐023 to 7 July 2020. Mr. Wilking seconded. Motion passed
6‐0 via a rollcall vote.
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8. Continued Miscellaneous Application #MS‐20‐01 of Burlington International Airport to
establish a Landscape Master Plan for an approved airport complex, 1200 Airport Dr.:
Mr. Cota noted that the conditions will include:
a. consistency with the plan
b. construction will occur in order from south to north
c. the Airport will keep track of the budget.
Ms. Orben said they are OK with those conditions.
Outstanding issues were then addressed as follows:
a. The stormwater installation and landscaping around it: Mr. Lackey said they
are working with Tom DiPietro on the design of the facility. Most of it is
underground. Landscaping will be the same as what was done on Dumont
Drive. Ms. Orben added that without a design, it’s hard to come up with a
landscaping plan. They will do whatever is consistent with the design, using
native species. Ms. Keene said that is specific enough.
b. Regarding the brook crossing: Ms. Orben said the cost for each of the 2
bridges would be $25,000. Ms. Keene said there should be something in the
stipulations regarding the merit of crossing Centennial Brook. Mr. Lackey
was OK with that.
c. There were no issues.
d. The applicant estimates the cost in today’s dollars for the project would be
$1,347,500, and the project will take 10 years. The Board was OK with this
estimate.
e. Property ownership should be shown. This should be a condition of
approval. Ms. Orben said something was turned in today showing what the
City owns and what is Airport property.
Public comment was then solicited. There was no public comment.
Mr. Cota moved to close MS‐20‐01. Mr. Wilking seconded. Motion passed 6‐0 via a rollcall
vote.
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9. 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 & 907 Shelburne Rd.: and
10. 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. Cota stepped down due to a potential conflict of interest. Mr. Behr assumed the Chair.
Mr. Behr outlined the outstanding issues as: façade, parking, stormwater, Fire Department
input on turning movements, and CWD requirements.
Staff comments were then addressed as follows:
a. Regarding leaving the subdivision until the site plan is concluded: Mr. Vallee
said it was OK to close it.
b. Staff reminded the applicant that the 5th pump is a prohibited expansion of a
non‐conforming use.
c. Staff felt that without the 5th pump, other standards could be complied with.
Mr. Vallee said he didn’t feel removing that pump would change the
compliance. It is a narrow corridor with or without the 5th pump. Mr.
Galipeau explained how trucks enter, and that can’t be shifted to the east.
Mr. Anderson said it is not required to have an “ideal entrance.” It has to be
functional. Mr. Behr noted the changes made to the building, and said he still
was not sure there is a principal entry. Ms. Portman agreed and added that the
applicant hadn’t done what the Board has asked. Mr. Anderson said the truck
turning radius doesn’t allow them to bring the entrance forward. Mr. Behr said
the truck turning radius doesn’t come close to it at all. Mr. Galipeau said the
trucks always have to go near the building. He indicated the route of truck traffic
on the plan and said it “clips” the northeast corner.
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d. Regarding the non‐conformity of the canopy and expansion: Mr. Vallee said
that the canopy is not over the tanks. Mr. Behr said he had previously stated
they couldn’t have anything over the concrete, and now they’re proposing to
expand the canopy over the concrete, so Staff pointed out the conflict. Mr.
Behr asked why the canopy was widened. Mr. Valley said it solved the 3‐foot
shortage for parking by adding to the canopy. Mr. Anderson added that they
were looking at the width of parking on the west side of the property and
had to increase the canopy to accommodate that parking. Mr. Behr said
widening or not widening makes no difference to him. He didn’t feel it
screens the parking. Ms. Keene read from Section 13.06(b)(2)(b) in the LDRs
that the width of the building has to be twice the width of the parking. She
noted they added 6.5 feet to the canopy to make that work. Mr. Vallee
noted they also moved the dumpster and eliminated parking there to meet
the requirement. Mr. Anderson said that if the calculation were made at the
building line, none of this would be necessary. Mr. Galipeau noted that they
have added planters for screening and also an island with some landscaping.
Mr. Owens then showed concepts for the planters and said they are low
enough not to be a hazard. He also showed the screening for the dumpster
enclosure. Ms. Philibert asked if the new screening didn’t inhibit the opening
of car doors. Mr. Owens said it would be a “little tight, like a parking lot.”
e. Staff asked if the Board is OK with the changes on Queen City Park Rd. side.
Members thought it made sense.
f. Staff asked whether the Board feels the canopy meets the screening
standard and whether the plantings in the planters are there for all‐year
screening. The applicant said they will put in evergreen species. Mr.
Anderson said that by moving the dumpster there is little screening needed.
g. The dumpster enclosure must be opaque, vinyl or wood, and 6 feet tall. The
applicant was OK with this.
h. Staff was OK with the stormwater update.
i. Regarding correspondence from the Fire Chief: Mr. Galipeau said they still
have no response from the Fire Chief. He noted that Ms. Keene had given
them a template which they overlaid and sent to the Chief. They have had
no response. He added that the widths work for the fire trucks.
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Mr. Behr asked whether the issues with CWD have been resolved. Mr. Galipeau said they have
agreed to replace the line, sleeve and valve, and CWD has approved the plan the Board now
has.
Mr. Vallee asked that when the Board deliberates, that they indicate whether they would
approve it with the elimination of the 5th pump and canopy.
Public comment was then solicited. There was no public comment.
Ms. Philibert moved to close SD‐19‐31 and SP‐19‐39. Mr. Wilking seconded. Motion passed 5‐
0.
12 Other Business:
Ms. Keene noted that staff is working on a different way for Board members to access meeting
packets.
As there was no further business to come before the Board, the meeting was adjourned by
common consent at 10:14 p.m.
These minutes were approved by the Board on June 16, 2020.