HomeMy WebLinkAboutSD-03-74 - Decision - 1700 Spear StreetCITY OF SOUTH B URLINGTON
DEPARTMENT OF PLANNING & ZONING
DEVELOPMENT REVIEW BOARD
THE SNYDER GROUP, INC. - PLANNED UNIT DEVELOPMENT
FINAL PLAT APPLICATION #SD-03-74
FINDINGS OF FACT AND DECISION
The Snyder Group, Inc., hereafter referred to as the applicant, is requesting final plat approval
for a Planned Unit Development (PUD) consisting of 32 single family units on 5 lots and a 15.16
acre open space lot. One of the single family homes is in existence. The subject property contains
27.2 acres and is located in the Southeast Quadrant (SEQ) Zoning District at 1700 Spear Street.
Portions of the property also fall within the Bartlett Brook Watershed Protection (BB W) and the
Scenic View Protection (SV) Overlay Districts. The South Burlington Development Review
Board held a public hearing on December 2, 2003. Mark Lords, Bob Snyder, and Andrew Rowe
represented the applicant.
FINDINGS OF FACT
1. The applicant is requesting final plat approval for a Planned Unit Development (PUD)
consisting of 32 single family units on 5 lots and a 15.16 acre open space lot, 1700 Spear Street.
One of the single family homes is in existence.
2. The owners of record are Raymond and Norma Unsworth.
3. The subject property contains 27.2 acres and is located in the South East Quadrant (SEQ)
Zoning District. Portions of the property also fall within the Bartlett Brook Watershed Protection
(BBW) and the Scenic View Protection (SV) Overlay Districts.
4. The plans consist of twelve (12) sheets entitled "South Pointe — The Snyder Group Inc. — A
Planned Residential Development — 1700 Spear Street — South Burlington, Vermont", prepared
by Lamoureux and Dickinson, dated April 11, 2003, last revised on September 9, 2003; a
subdivision plat prepared by Lamoureux and Dickinson, dated April 3, 2003; and an overall
perimeter plat prepared by Lamoureux and Dickinson, dated December 16, 2002.
5. The South Burlington Development Review Board approved the preliminary plat plans for the
proposed project on June 3, 2003.
ZONING DISTRICT X DIMENSIONAL REOUIREMENTS
Table 1. Dimensional Requirements
SEQ Zoning District
Required
Provided
4 Min. Lot Size
12,000 ft.2
52,707 ft.
4 Max. Building Coverage
15%
8.1%
4 Max. Total Coverage
30%
16.8%
Min. Front Setback
20 ft.
20 ft.
Min. Side Setback
10 ft.
10 ft.
Min. Rear Setback
30 ft.
30 ft.
Max. Building Height
40 ft.
<32 ft.
zoning compliance
SEO Restricted Areas
Pursuant Section 9.07 of the Land Development Regulations, the construction of roads to serve
approved development is allowed within SEQ restricted areas. In addition, utilities must be placed
underground and public recreation paths are allowed. The plans show proposed public streets, a 20'
wide recreation path easement, underground wastewater mains, and underground water mains
passing through SEQ restricted areas. In addition, a number of the proposed new residences fall
within SEQ restricted areas, including all or significant portions of units 1-7. Pursuant to Section
9.09(B) of the Land Development Regulations, the Development Review Board may allow
residential development within SEQ restricted areas in connection with the approval of a PUD. In
such a case, the Development Review Board must determine that the PUD is consistent with the
intent and purposes of the SEQ District.
The subject property contains 3 north to south bands of SEQ development area between 5 north to
south bands of SEQ restricted area. The proposal involves clustering the development westerly near
existing residential development on the subject property and on adjoining properties. This would
allow the preservation of wooded wildlife habitat within a development area at the easterly end of
the property. The Development Review Board supports this plan, and notes that the Planning
Commission is working on revisions to the SEQ District Zoning Map that reflect this preference to
protect existing wooded wildlife habitat corridors.
Wetland Encroachments
The subject property contains wetlands as indicated on the South Burlington Wetlands Map and
on the applicant's plans. Any wetlands, including a 50 ft. buffer are protected from development
activities pursuant to Section 12.02 of the Land Development Regulations. All or portions of the
proposed units #2, 4, 5, 7, 14, 21-24, 27, and 28 fall within the class 3 wetlands on the property.
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Wetlands Scientist Brian Tremback delineated class 3 wetlands on the subject property and
evaluated impacts of the proposed development on the wetlands. Easements for underground
utilities, a recreation path, and public streets are proposed to cross wetland and wetland buffer
areas.
Any proposed wetland or wetland buffer impacts must comply with the standards set forth in
Section 12.02(E) of the Land Development Regulations. Specifically, the Development Review
Board may allow encroachments into class 3 wetlands and class 3 wetland buffers upon fording
that the overall proposed development, erosion control, stormwater treatment system, provisions
for stream buffering, and landscaping plan achieve the following standards for wetland
protection:
While the proposed project does encroach into wetland and wetland buffers on the property, The
Development Review Board notes that the project has been carefully designed to avoid the more
significant wetlands on the easterly side of the property and keep the entire easterly portion of
the property as open space.
The encroachments) will not adversely affect the ability of the properly to carry or store flood
waters adequately.
Wetlands Scientist Brian Tremback concluded that the "lack of depressions capable of holding
runoff and the lack of restricted outlets" prevent the wetlands to be encroached upon on the
subject property from providing significant water storage functions.
The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment
system to reduce sedimentation according to state standards.
The applicant has proposed a stormwater treatment system that will provide water quality
treatment. The existing wetlands provide limited water quality treatment of runoff. It is likely
that the proposed stormwater treatment system will enhance water quality treatment on the
subject property.
The impact of the encroachments) on the specific wetland functions and values is minimized
and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or
other mitigation measures.
Wetlands Scientist Brian Tremback has evaluated the specific wetland functions and values on
the subject property relative to the proposed development. As already noted, the wetlands
provide limited water storage functions. In terms of providing fish habitat, Mr. Tremback notes
that the class 3 wetlands do not support fish or border open water habitats, but that an existing
pond on the subject property will be retained. Mr. Tremback also concludes that the wetlands to
be encroached upon do not provide significant wildlife habitat due to low species diversity and
lack of surface water. The wetlands do not provide habitat for hydrophytic vegetation or
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endangered or threatened species.
In a presentation to the Natural Resources Committee on May 1, 2003, Mr. Tremback noted that
the wetlands on the easterly side of the property are functionally more significant than those on
the westerly side of the property where development is proposed. In conclusion, the clustering of
development to protect existing woodlands and other open space, the proposed stormwater
treatment system, and extensive landscaping on the developed portions of the property combine
to minimize the impacts of the proposed wetland encroachments. The Natural Resources
Committee recommended approval of the project subject to 11 conditions. The Natural
Resources Committee motion is incorporated by reference.
Bartlett Brook Watershed Overlay District
Pursuant to Section 12.03(C)(2) of the Land Development Regulations, the Development Review
Board shall not approve any development proposal on lands within the Bartlett Brook Watershed
unless it includes a stormwater management system designed to prevent an increase of the peak
discharge and velocity of stream flow downstream of the development site. Accordingly, the
applicant must provide a site plan and stormwater management system design details that
comply with the requirements of Section 12.03(D). In addition, the applicants must submit the
stormwater management plans to Heindel and Noyes for inclusion in the Bartlett Brook Watershed
computer model. Suggested improvements or modifications resulting from the Heindel and Noyes
analysis should be incorporated prior to final plat approval by the Development Review Board.
The applicant has provided the plans to Heindel & Noyes for incorporation into the City's computer
model for the Bartlett Brook Watershed. Heindel and Noyes stated that the proposed stormwater
system will successfully reduce peak flows at the outlet of the property and maintain pre -
development flows at multiple downstream locations in the watershed. They recommend the
Development Review Board approve the stormwater aspects of the project, as presented.
Section 15.13(F) of the Land Development Regulations establishes stormwater management criteria
for all new subdivisions. In particular, stormwater management must comply with the Vermont
Stormwater Management Manual.
Reference Monuments
Section 15.14 of the Land Development Regulations establishes standards for required
improvements for subdivisions and PUDs. Pursuant to Section 15.14(B), permanent reference
monuments must be set at all lot corners and angle points of the boundaries of the subdivision. The
plans include an overall perimeter boundary plat (Sheet 14) and a subdivision plat (Sheet 13)
indicating appropriate monumentation. Permanent concrete monumentation must be set for all lot
corners and angle points and as required by the City Engineer for proposed streets. Adequate
monumentation is shown on the subdivision plat (Sheet 13).
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Street Layout
Pursuant Section 15.12(A) of the Land Development Regulations, proposed streets shall be
arranged to provide for the continuation of streets of adjoining existing and future subdivisions.
Accordingly, the proposal provides over 500 ft. of a planned future public road as depicted on the
Southeast Quadrant Official Zoning Map.
Topography
Section 15.12(B) of the Land Development Regulations requires streets to be logically located
relative to topography so as to provide usable lots, reasonable grades, and safe intersections. In
addition, adequate storm drainage of streets must be provided.
The City Engineer has reviewed and approved the plans with regard to the above -mentions
requirement.
Lot Layout and Lot Size
According to Section 15.10 of the South Burlington Land Development Regulations, a minimum
width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review
Board in evaluating lot proportions. Square or roughly square lots shall not be approved.
With regard to this requirement, the Development Review Board feels the proposed project is
sufficient.
Lots #1-31, corresponding to the single-family home building envelopes, will require waivers from
the minimum required 12,000 square foot lot size for the SEQ District.
Pursuant to Section 15.18 of the Land Development Regulations, the Development Review Board
shall consider the following in its review of subdivision and Planned Unit Development (PUD)
applications:
Sufficient water supply and wastewater disposal capacity is 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.
Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed
development. Prior to final plat approval, the applicant must obtain final water allocation approval
from the South Burlington Water Department.
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Sufficient grading and erosion controls will be utilized 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 DRB
may rely on evidence that the project will be covered under the General Permit for
Construction issued by the Vermont Department of Environmental Conservation.
Erosion control and grading plans are detailed on Sheets 3, 9, and 10 of the plans. The Development
Review Board believes the plans are adequate.
The project incorporates access, circulation and traffic management strategies sufficient to
prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely
on the findings of a traffic study submitted by the applicant, and the findings of any technical
review by City The Development Review Board or consultants.
According to the ITE Manual, 6t1i Edition, the proposed project will generate 32.32 P.M. peak hour
vehicle trip ends. This increase in trip ends will not require any traffic management strategies. The
Development Review Board notes that the applicant will need to pay the appropriate traffic impact
fees upon submission of zoning permit applications for the units within the subject parcel.
The project's design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site
In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations
related to wetlands and stream buffers, and may seek comment from the Natural Resources
Committee with respect to the project's impact on natural resources.
The subject property does contain wetlands and wetland buffers that are affected by the proposed
development. The Development Review Board and the NRC have reviewed the proposed
wetland impacts pursuant to Article 12 as indicated already in this report. The Development
Review Board supports the clustering of development westerly on the parcel to protect the more
significant woodland wildlife habitat and wetlands on the easterly side of the property.
The plans show a 15.16 acre common open space lot consisting of the easterly leg of the subject
property. This area includes woodland wildlife habitat as depicted on the SEQ Official Zoning Map.
The Development Review Board believes this open space lot is in keeping with the Comprehensive
Plan and the Land Development Regulations, and supports the clustering of development westerly
of this open space lot. Furthermore, the Development Review Board believes the proposed open
space lot meets the SEQ criteria established in Section 15.18(B) of the proposed Land Development
Regulations. However, pursuant to Section 15.18(B)(6) the applicant must provide a plan describing
the use and maintenance of the proposed open space lot. Accordingly, the applicant must provide
details on the proposed management and protection mechanisms for open space within the
development. Such information may include draft homeowners association bylaws, deed covenants,
or other draft legal documents.
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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 Development Review Board believes the proposed development is in keeping with the goals for
Southeast Quadrant District residential development, as set forth in the Comprehensive Plan and as
discussed already in this report.
Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas.
Proposed development is clustered westerly on the subject property, leaving open space on the
easterly part of the property contiguous to open space and important wildlife habitat on adjacent
properties.
The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to
insure that adequate fire protection can be provided.
The Fire Chief has reviewed the plans.
Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting
have been designed in a manner that is compatible with the extension of such services and
infrastructure to adjacent properties.
The plans depict an 80' wide right-of-way connecting Parkside Drive to the properties to the
north and to the south, which will foster the extension of the proposed public street in the future.
The plans also depict a 20' wide recreation easement connecting the 80' wide right-of-way to the
restricted area on the easterly side of the property. This restricted area on the easterly side of the
property, in its entirety, is proposed as a recreation easement to be dedicated to the City of South
Burlington.
In addition, the plans depict a 20' wide sewer easement connecting the subject property to Spear
Street.
Also, the plans depict a 5' wide pedestrian easement between units 9 and 32 to provide future
access to the property to the north.
Finally, at its meeting on November 4, 2003, the Recreation Path Committee requested that a
recreation easement be secured along the Spear Street frontage.
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Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is
consistent with City utility and roadway plans and maintenance standards, absent a specific
agreement with the applicant related to maintenance that has been approved by the City
Council.
The proposed public streets are 28' wide with a 5' wide sidewalk along one (1) side.
The proposed infrastructure has been reviewed by the City Engineer and Water Superintendent. The
Development Review Board notes that one -family and two-family uses are not subject to the
exterior lighting standards set forth in the regulations. However, lighting within the proposed public
streets must comply with the exterior lighting design standards of the Land Development
Regulations. The plans show new street lights along the proposed public streets within the
development. A typical street light detail is provided on Sheet 8 of the plans. The proposed street
lighting consists of 100 watt metal halide fixtures, which are acceptable.
The project is consistent with the goals and objectives of the Comprehensive Plan for the
affected district(s).
The Comprehensive Plan prioritizes finding a suitable remedy to Bartlett Brook Watershed erosion
problems. The Comprehensive Plan also encourages stormwater runoff modeling and inventory of
stormwater facilities in an effort to improve water quality. Accordingly, and as indicated already,
the applicant has submitted stormwater plans to Heindel & Noyes for inclusion in the City's
stormwater model and database.
The Comprehensive Plan recommends land use that respects and maintains the open and special
character of the SEQ, including PUDs that protect and preserve large contiguous areas of open
space, important natural areas and scenic views. The Development Review Board believes that the
proposed development is in keeping with these goals. In particular, the applicant has been
responsive to the Development Review Board and Planning Commission goals to protect an
important wildlife habitat corridor by clustering development westerly on the subject property.
Landscaping
Pursuant to Section 15.05(B) of the Land Development Regulations, PUD applications must
include all applicable information required for site plan review. Accordingly, the applicant must
submit a landscaping plan that complies with Section 13.06 of the regulations and is prepared by
a qualified landscape professional. Landscaping plans are detailed on Sheet 3 of the plans. Trees
shall be planted at 60 ft. intervals along both sides of proposed streets and at least 2 per residential
lot. In addition, small trees and shrubs are proposed for the multifamily lots. The existing pond will
be surrounded by dense plantings of shrubs and trees, and a good diversity of street tree species is
proposed.
The landscaping plans have been reviewed by Public Works Arborist Craig Lambert whose
comments are incorporated by reference. Mr. Lambert notes that Little Leaf Linden is becoming
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over planted in South Burlington and that Green Ash is severely over planted. Mr. Lambert notes
that Red Maple, Pin Oak, and River Birch require acidic soils and may not be appropriate for the
subject site due to alkaline soils. He has provided a list of recommended substitutions. Finally, Mr.
Lambert notes that trees should be planted at least 15 ft. away from street lights and that the plans
should include a tree planting detail.
Section 13.06(G)(3) of the Land Development Regulations requires a landscape budget be prepared
by a qualified landscape professional that demonstrates compliance with the landscape value
requirements based on building construction costs. The applicant's engineer has estimated total
construction costs of the proposed carriage home at $3,255,000, which requires a minimum
landscaping cost of $40,050. The landscape budget, prepared by Lamoureux and Dickinson,
exceeds this minimum requirement. The Development Review Board notes that the applicant shall
submit a landscape budget that separates the cost of the site landscaping from the street tree
landscaping.
WA?ml
The applicant has submitted street addresses based on E-911 addressing standards.
DECISION
Motion by Gayle Quimby, seconded by Roger Farley, to approve Final Plat Application #SD-03-
74, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as amended herein.
2. This project shall be completed as shown on the plans submitted by the applicant, as amended
by this decision, and on file in the South Burlington Department of Planning & Zoning.
3. The plat plans shall be revised to show the following changes and shall require approval from the
Administrative Officer. Four (4) copies of the approved revised plat plans shall be submitted to the
Administrative Officer prior to recording:
a) The final plat plans shall be revised to clearly label all of the "restricted areas", as depicted on the
City of South Burlington Southeast Quadrant Official Zoning Map.
b) The final plat plans shall be revised to depict a 20' wide recreation easement along the Spear
Street frontage, as requested by the Recreation Path Committee in its letter dated November 4,
2003.
c) The final plat plans shall be revised to incorporate the requests of the City Engineer, as outlined
in his letter dated November 19, 2003.
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d) Sheet 1 of the final plat plans shall be revised to include the appropriate sections referenced from
the Land Development Regulations and to eliminate the term "C.O. District."
e) The final plat plans shall be revised to incorporate the requests of the City Arborist, Craig
Lambert, as outlined in his letter dated May 1, 2003.
4. Occupancy shall not take place in the proposed units until the applicant has obtained final water
allocation approval from the South Burlington Water Department.
5. The applicant shall comply with the requests of the South Burlington Water Department, as
outlined in the letters from Jay Nadeau, dated April 28, 2003, 2003 and July 1, 2003.
6. The applicant must obtain final wastewater allocation approval from the Director of Planning and
Zoning, Juli Beth Hoover, prior to issuance of a zoning permit.
7. 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 Development Regulations.
8. Pursuant to Section 15.18(B)(6) the applicant must provide a plan describing the use and
maintenance of the proposed open space lot. The applicant shall comply with Section 14.21(C) of
the "Declaration of Planned Community for South Pointe", which reads as follows:
The open space within the project is a Common Element that will be owned and maintained by the
Association as described in Sections 3.2(d), 9.5, and 11.1 of this document. Specifically, the open
space area depicted as Lot 36 on the Plat (15.16 acres) shall be maintained in a natural condition
and shall be subject to the following additional covenants: (i) footpaths within Lot 36 shall be
established only as a primitive unimproved footpaths to provide pedestrian access through the open
space and wooded ridge; (n) there shall be no mowing or cutting on Lot 36 except for necessary
maintenance along the footpath and selective cutting to remove dead or diseased trees or invasive
species; and (iii) there shall be no disturbance of the Class II wetlands and buffers located within
Lot 36.
9. The applicant shall comply with the requests of the South Burlington Fire Department, as
outlined in the letter from Chief Doug Brent dated November 26, 2003.
10. The applicant shall comply with the requests of the City Engineer, as outlined in his letter dated
November 19, 2003.
11. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
12. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the
applicant shall submit a Certificate of Title showing the ownership of all property and easements
to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the
City Attorney.
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13. The screening of the utility cabinets shall be approved by the South Burlington Development
Review Board as an amendment to the final plat.
14. Prior to street acceptance by the City, the applicant shall install all reference monuments as
required under Section 15.14(B) of the land Development Regulations.
15. The applicant shall post a $ 27,075 landscape bond for street trees prior to the start of road
construction and a $40,050 landscape bond for the remainder of the landscaping prior to the
issuance of the first zoning permit. These bonds shall remain in effect for three (3) years to
assure that the landscaping has taken root and has a good chance of surviving.
16. Pursuant to Section 9.08(B) of the South Burlington Land Development Regulations, the South
Burlington Development Review Board will allow units #1-7 in the "restricted areas". The
Development Review Board finds such development to be consistent with the intent and purpose of
the Southeast Quadrant District.
17. The South Burlington Development Review Board will allow lots #2, 4, 5, 7, 14, 21-24, 27, and
28 to encroach a wetland and associated wetland buffer. The Development Review Board finds
such encroachment to be in conformance with Section 12.02(E) of the South Burlington Land
Development Regulations.
18. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, prior to
issuance of the first zoning permit or start of utility or road construction, the applicant shall
submit all appropriate legal documents including easements (e.g. irrevocable offer of dedication
and warranty deed for proposed public roads, utility, sewer, drainage, water, and pedestrian
paths, etc.) to the City Attorney for approval and recorded in the South Burlington Land Records.
19. Prior to the 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. Pursuant to Section 15.08 (D) of the South Burlington Land Development Regulations, the
applicant shall submit homeowner's association legal documents prior to the issuance of the first
zoning permit. The documents that include language that:
a. ensures that the garages will not be converted to living space;
b. prohibits clearing or disturbance of land within wetlands or wetland buffers;
c. ensures that the association shall assume all maintenance responsibilities for the
stormwater drainage facilities until such time as a future City stormwater utility accepts
the stormwater infrastructure.
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21. Prior to recording the final plat plans, the applicant shall record a "Notice of Condition"
approved by the City Attorney, which states that for zoning and subdividing purposes the
envelope lots (lots # 1 -3 1) and the remaining common land will be considered one (1) lot (eg.
coverage and setback requirements).
22. Any changes to the final plat plans shall require approval of the South Burlington
Development Review Board.
23. Pursuant to Section 15.14(E)(2) of the South Burlington Land Development Regulations,
within 14 days of the 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.
24. The final plat plans (sheets 1-2 and survey plat sheets) shall be recorded in the land records
within 90 days or this approval is null and void. The plans shall be signed by the Board Chair or
Clerk prior to recording. Prior to recording the final plat plans, the applicant shall submit a copy
of the survey plat and sheet 2 in digital format. The format of the digital information shall
require approval of the Director of Planning and Zoning.
Chuck Bolton - yea/nay/abstain/not present
Mark Boucher - yea/nay/abstain/not present
John Dinklage - yea/nay/abstain/not present
Roger Farley - yea/nay/abstain/not present
Michele Kupersmith - yea/nay/abstain/not present
Larry Kupferman - yea/nay/abstain/not present
Gayle Quimby - yea/nay/abstain/not present
Motion Carried by a vote of 6-1-0.
Signed the day of December, 2003, by
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ohn Dinklage, Chair
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