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Minutes - Development Review Board - 10/16/2018
DEVELOPMENT REVIEW BOARD 16 OCTOBER 2018 The South Burlington Development Review Board held a regular meeting on Tuesday, 16 October 2018, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; J Smith, J. Wilking, F. Kochman, M. Behr, M. Cota, B. Sullivan ALSO PRESENT: M. Keene, Development Review Planner; P. O’Leary, B. Currier, K. Cubino, J. & S. Jewett, J. & B. Doucevicz, L. & J. Nadeau, D Penar 1. Directions on emergency evacuation procedures from conference room: Mr. Miller 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. Reorganization: Ms. Keene presided over the election of Development Review Board Officers. She opened the floor for nominations. Mr. Wilking nominated a slate of Mr. Miller for Chair, Mr. Cota for Vice Chair, and Mr. Sullivan for Clerk. Mr. Kochman seconded. There were no further nominations. In the vote that followed the nominated slate of officers was approved 7-0. Mr. Miller then presided over the remainder of the meeting. Mr. Cota moved that the Board continue to meet on the first and third Tuesdays of the month at 7:00 p.m. with the exception of 1 August 2019. Mr. Kochman seconded. Motion passed unanimously. Ms. Keene noted that the first meeting in January would fall on New Year’s Day and suggested that since there is a fifth Tuesday in January, the Board consider meeting on the 15th and 29th of that month. Members agreed to take this suggestion up again closer to the date. 6. Continued Final Plat Application SD-18-28 of JJJ South Burlington LLC to amend a previously approved 258 unit planned unit development in two phases. The amendment is to Phase II (Cider Mill) of the project and consists of increasing the number of residential units by 33 units to 142 units in Phase II and 291 overall, and conservation of 21.7 acres of land through the purchase of 26 Transfer Development Rights. The 142 units are proposed to consist of 66 single family lots, 46 unites in two-family dwellings, and 30 single family units on shared lots, 1580 Dorset Street & 1699 Hinesburg Road: Mr. Sullivan recused himself due to a potential conflict of interest. The applicant was represented by Brian Currier and Paul O’Leary. The applicant addressed the staff comments as follows: #1 Inclusion of roads for impervious coverage: Mr. Currier said there was a misunderstanding on their part. They have submitted revised coverages for the NR District shared lot. The VR numbers were still valid. Ms. Keene said staff is OK with that. #2 Issues regarding preconstruction grade: Mr. Currier said they were given instructions to provide preconstruction grades. The 2-foot difference between the indicated lots is because of the road grade/steepness. Homes will be consistent with those across the street. Mr. Kochman asked about runoff due to the 2-foot difference. Mr. Currier said everything is graded toward the rear of the lots. He stressed that one house will not stick up more than the next. He also said the downhill owner will not suffer from runoff. #3 Update of open space management plan: Mr. Currier said they meet the standard with 4 separate areas in the development. These can be mowed or brushhogged. Staff recommends they should be mowed regularly. That will be done. Mr. O’Leary explained the payment of $1000 per unit toward the future construction of Cider Mill Road. Mr. Behr said he felt that was a fair contribution. Mr. Cota noted when the project was initially reviewed, the Board was told the road was not to be completed until the lots to the north of the solar farm is developed. #4 Accurately reflect easements on sheet PL3: Mr. Currier said they have done that. He showed sheet PL3 and indicated the 50-foot right-of-way to be offered to the city. Mr. O’Leary said all grading will be on property they own or control. #5 Remove boulders between lot 34 and the stormwater pond. Mr. O’Leary said would do that. The Board felt the boulders were necessary for safety and for visual demarcation. Members felt that since the ponds are cleaned out only every 5-8 years, the boulders should remain. Mr. Cota suggested removing the first 2 boulders and providing access to the ponds. The Board instructed the applicant to retain the boulders except the north most two. #6 The boulders between lot #109 and the open space are on a storm drain: Mr. Behr suggested the DPW remove them for maintenance and then replace them. Some members want the boulders in between the 2 pipes in the center of the easement. Mr. O’Leary said they could use “do not enter” signs instead of boulders, but the fear is that people will extend their lawns into the natural areas. Mr. Wilking suggested the HOA documents specifically speak to not placing landscaping in the stormwater easements. Mr. O’Leary said they will make sure maintenance people have access. #7 Street naming: The state coordinator for E911 noted there are 2 other “…crest Drives” in the city which could cause E911 confusion. The applicant will suggest “Nadeau Drive” to the Planning Commission. Public comment was then solicited as follows: Ms. Cubino: Noted that more people favor than oppose the extension of Cider Mill Drive. She also felt the developer should be contributing more toward its completion because some of the properties staff used to calculate the fair fee are nearer to Kennedy Drive than to the Project. Mr. Nadeau: Was concerned with the future of their adjacent property and that people might consider it is ‘open land’ for their use. The applicant agreed to put up fencing along the west property line of Mr. Nadeau, retain the hedge along the south property line, and boulders along the north property line. These measures are in addition to the already proposed street trees. They will also place “private property” signs along all 3 boundaries. Mr. Nadeau was OK with that. Ms. Penar: Opposes the extension of the road and feels it will result in more traffic. She felt it would be OK once the lot above the solar farm is developed. To do it now would be detrimental. Ms. Cubino: Noted that technical review supported the extension of the road now and relief from traffic on side roads is needed now. Mr. Cota then moved to close SD-18-28. Mr. Wilking seconded. Motion passed 6-0. Mr. Sullivan rejoined the Board. 7. Minutes of 2 October 2018: Mr. Cota moved to approve the Minutes of 2 October 2018 as written. Mr. Wilking seconded. Motion passed unanimously. 8. Other Business: No other business was presented. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:07 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: SD‐18‐28 1580 Dorset St & 1699 Hinesburg Rd – JJJ South Burlington, LLC, Cider Mill II Final Plat DATE: October 16, 2018 Development Review Board meeting JJJ South Burlington, LLC has submitted an application for final plat approval consisting of amending a previously approved 258 unit planned unit development in two (2) phases. The amendment is to Phase II (Cider Mill II) of the project and consists of increasing the number of residential units by 33 units to 142 units in Phase II and 291 overall, and conservation of 21.7 acres of land through the purchase of 26 Transfer Development Rights. The 142 units are proposed to consist of 66 single family lots, 46 units in two (2) family dwellings, and 30 single family units on shared lots, 1580 Dorset Street & 1699 Hinesburg Road. At the September 18, 2018 hearing, the Board indicated that there were several topics that needed additional attention. A summary of the status of each of these topics is as follows. Numbered items for the Board’s attention are in red. 1) ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS The Board asked the applicant to demonstrate the single and two‐family lot coverage maximums are met for each of the shared lots within each included zoning district as a condition of approval. In the attached cover letter, the applicant indicated the building and lot coverages are below the approved waivers. 1. Staff recommends the Board confirm that the provided values include all impervious surfaces including roads. The overall allowable density is based on the total project area including roads therefore Staff considers the roads should be included for impervious coverage calculations as well. The Board asked the applicant to provide a plan showing the proposed pre‐construction grade for all the lots. The applicant has done so on sheets SH5 to SH11. Staff has reviewed the provided grades and feels the applicant generally accurately represented that the proposed pre‐construction grades will be 2‐3 feet higher than the adjacent street, and that homes across the street from one another are generally at the same grade. 2. Staff considers that Lots 61 & 62, shown on SH9, and Lots 63 and 64, shown on SH7, may be an exception to this generality and draws the Board’s attention to them for their consideration. 2) PLANNED UNIT DEVELOPMENT STANDARDS (A)(2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. #SD 17‐29 Preliminary Plat 2 The applicant provided responses to the comments provided by the Stormwater Section. The Stormwater section noted on October 12, 2018 their comments are addressed. (A)(3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Regarding the extension of Cider Mill Drive, at the 9/18 hearing the Board discussed the applicant’s offer. Staff reminds the Board that Final Plat is their last opportunity determine whether the applicant must extend Cider Mill Drive, and recommends the Board ask any questions necessary to make a final determination on this matter prior to closing the hearing. (A)(4) 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. The Board asked the applicant to identify how each open space type is to be maintained, in addition to who is responsible for maintenance. Section 9.07D(2) requires that parks be provided at a rate of 7.5 acres of developed parkland per 1,000 population per the South Burlington Capital Budget and Program. Staff notes the applicant has expressed that the required open spaces will either be maintained as lawn or brushogged once per year at the discretion of the HOA; see plan SH22. Staff considers that annual brushogging does not meet requirement that the areas used in computation of the minimum park space be developed, and 3. Staff recommends the Board require the applicant to update their open space management plan to reflect mowing in the areas used for compliance with Section 9.07D(2). (A)(8) 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 landowners. (A)(9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The applicant has provided two new sheets, SH23 and SH24, to address signage and E911 addresses. The Director of Public Works reviewed the revised submission on October 11, 2018 and indicated his previous comments have been addressed. 3) SITE PLAN REVIEW STANDARDS (B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The Board noted grading near the Hinesburg Road/Nadeaucrest Drive intersection which appears to be beyond the property line. The applicant responded to this comment as follows. Please refer to SH 10 – Site Plan ‘F’. The lighter property line shown just south of the proposed finish grade lines is the abutting AuClair property boundary. The darker line shown just north of the AuClair property line is the proposed 50’ ROW to be offered to the City for Nadeaucrest Drive. Basically, the #SD 17‐29 Preliminary Plat 3 grading is being proposed within the existing 75’ ROW owned by the applicant but is not within the 50’ ROW proposed Nadeaucrest right of way or the AuClair property. Additional Labels have been included on SH 10 – Site Plan ‘F’ in order to make this more clear. 4. Staff recommends the Board require the applicant to amend sheet PL3 to accurately reflect the proposed easements on the remaining land outside the 50’ ROW to be offered to the City but within the existing 75’ ROW. Staff notes that proposed easements are a required element of final plat submissions. 4) SOUTHEAST QUADRANT ‐ 9.06 DIMENSIONAL AND DESIGN REQUIREMENTS APPLICABLE TO ALL SUB‐ DISTRICTS (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 Board required the applicant to install delineation at the side yards of Lot 34, unit 109, and to the rear of units abutting the mid‐site stormwater pond (units 83‐86). The applicant has provided boulders between Lot 34 and the storm pond, between units 83‐86 and the storm pond, and between unit 109 and the open space. 5. Acknowledging the Board directed the applicant to place them there, the Stormwater section commented the boulders between units 83‐86 and the storm pond and the boulders between lot 34 and the storm pond will interfere with maintenance of the storm pond and recommends their removal. 6. The boulders between unit 109 and the open space are located on a storm drain which must remain clear for maintenance access. Staff recommends the Board require the applicant to instead place the demarcation at the property line for unit 109, and acknowledges that boulders may not be the appropriate solution. Staff recommends that should the Board wish to include this as a condition of approval, the Board determine what the demarcation shall consist of prior to closing the hearing. 5) SOUTHEAST QUADRANT – 9.07 REGULATING PLANS D(2)a.iii Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000 population per the South Burlington Capital Budget and Program. The applicant met with the Recreation and Parks committee at their December 2016 meeting. Minutes from that meeting note that the committee was going to provide a list of recommendations to the Board. This meeting took place between two separate sketch plan applications for the project and thus the committee recommendations were never reviewed by the Board. The committee was unable to locate detailed minutes or their list of recommendations and has indicated they do not feel able to provide any recommendations at this time. 6) SURFACE WATER PROTECTION STANDARDS 12.04E(2) Drainage Structures To Accommodate Upstream Development – Culverts or other drainage facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject to the #SD 17‐29 Preliminary Plat 4 application. In determining the anticipated amount of upstream runoff for which drainage facilities must be sized, the applicant shall design the stormwater drainage system assuming the total potential development of upstream drainage areas. All drainage structures shall be designed to, at a minimum, safely pass the twenty‐five year, twenty‐four hour (4.0 inch) rain event. The applicant’s engineer shall provide such information as the Stormwater Superintendent or his designee deems necessary to determine the adequacy of all drainage structures. The Board required the applicant to address the flooding on the adjacent parcel to the east at the location of the culvert on Senator Street. The applicant has revised the grading in this area to capture ponding during the 25‐year event on the applicant’s property. 7) E911 ADDRESSES 7. The applicant provided an E911 addressing plan. Staff has sent the plan to the State E911 coordinator for review and should have an update at the hearing. Staff recommends the Board require the addresses on Liberty Lane be reversed so the addresses begin at Senator Street and end at Russett Road, for consistency with the standard of low numbers being at the end primarily accessed by emergency services. Conclusion Staff recommends the Board discuss the issues herein with the applicant and close the hearing. 1 Marla Keene From:Bryan Currier <bcurrier@olearyburke.com> Sent:Friday, October 5, 2018 1:16 PM To:Marla Keene Cc:Paul O'Leary Subject:Cider Mill Phase II - Final Plat Additional Information Good Afternoon Marla Please see below for the Staff Report comments dated September 14th, 2018 that required follow‐up responses from the September 18th DRB Hearing: All of the revised materials can be downloaded from the following dropbox link: https://www.dropbox.com/sh/7ocrm4kkh4w327j/AADOTErHvPnRcdup0SJ6UkfTa?dl=0 1. Staff recommends the Board require the applicant to demonstrate the single and two‐family lot coverage maximums are met for each of the shared lots within each included zoning district as a condition of approval. Zoning District Building Coverage Overall Coverage VR District 22.4% 34.3% NR District 16.2% 28.6% NRP District 0% 0% **Coverages will change based on actual footprints of the units constructed. Master Permit #MP‐17‐02 granted waivers for 42% building coverage (single family & two‐family) and 60% overall coverage (single family & two‐family) 2. Staff considers it appears possible to lower Lots #18 to #34 by at least two to three feet without affecting the roadway or their constructability, and recommends the Board require the applicant to make this change to reduce the perception of these units being artificially higher than the surrounding grade. Staff further recommends the Board consider requiring the applicant to reduce the proposed grade of the homes to the minimum required to obtain positive sewer drainage. Please refer to the attached SH 5‐SH 11 for the proposed pre‐construction grades to be considered for each unit/lot. 5. Staff recommends the Board require the applicant to confirm that 3114‐9020.2 will be amended to reflect the proposed project prior to closing the hearing. It has been confirmed that the existing 9020 permit will need to be amended as part of the approval process. 8. Staff recommends the Board require the applicant to update the open space management plan to specify how each open space type is to be maintained in addition to who is responsible for maintenance. Please refer to SH 22 – Open Space Management Plan. The plan has been updated to include specific maintenance classes to each of the separate designated open spaces. 9. Staff recommends the Board incorporate the Deputy Fire Chief’s comments as conditions of approval. Staff recommends the Board allow the applicant’s engineer to make a recommendation as to which side of the street shall be no parking, with the goal of providing a meaningful number of spaces where parking is allowed. 2 1. Parking of construction vehicles shall be limited to one side of the road. 2. Hydrants shall be installed prior to construction of combustible elements of structures. 3. “No Parking” signs are needed where road widths do not accommodate parking. Where road widths accommodate parking on one side only, “No Parking” signs shall be added to one side of the street. Please refer to SH 23 – Signage and Address Plan (North) and SH 24 – Signage and Address Plan (South) for the “No Parking” and “No Parking This Side of Street” signs. 12. Staff recommends the Board require the applicant to provide a revised grading plan demonstrating at least a 5‐ foot setback for the retaining wall prior to closing the hearing. Please refer to SH 8 – Site Plan ‘D’ and SH 9 – Site Plan ‘E’. The retaining wall has been shifted 5’ away from the property line. 13. Staff notes the presence of swale grading beyond the applicant’s property along Lots 5 and 6. Staff recommends the Board require the applicant to adjust the grading to remain within the subject property, or provide a written agreement with the adjoining property owner allowing the proposed impacts. Please refer to SH 8 – Site Plan ‘D’. The grading has been adjusted to remain entirely on the project parcel. 14. Staff recommends the Board require the applicant to work with the Director of Public works on the street signs and incorporate the remaining comments into the plans, including recommendation #1 as a plan note. 4. Phase 1 of the Phasing Plan shows a road connection to existing Sommerfield Avenue from the proposed Aurora Lane. Once that connection is made the road should be opened to travel at the connection point. Understood. The current plans reflect this. 5. Any mid‐block crosswalks shall be protected by RRFBs. Please refer to SH 23 – Signage and 911 Address Plan (North) and SH 24 – Signage and 911 Address Plan (South). 6. Crosswalk between units 94 and 87 does not have any proposed signs and is not stop controlled. Please refer to SH 23 – Signage and 911 Address Plan (North). 7. A crosswalk connecting the sidewalk in front of unit 38 to the ped trail easement that runs between units 31 and 32 shall be included in the plans. Please refer to SH 24 – Signage and 911 Address Plan (South). 8. I cannot tell from the plan set (although I may have missed it) where ADA ramps are proposed. They are shown in the details but not on any of the Site Plan ‘A‐G’ sheets. Perhaps the assumption is that they are to be installed at all crossings, but that should be shown on the site plan sheets. Please refer to SH 23 – Signage and 911 Address Plan (North) and SH 24 – Signage and 911 Address Plan (South). The ADA ramps are shown at all of the proposed crosswalks throughout the development. 9. Other than the street name, stop and crosswalk signs, are they any other proposed signage? I suggest ample Speed Limit signs, we are often asked once a development like this is built to install Speed Limit signs. I’d be willing to work with the developer on locating Speed Limit signs on their plans. No parking signs should also be provided consistent with the proposed street cross section. 3 Please refer to SH 23 – Signage and 911 Address Plan (North) and SH 24 – Signage and 911 Address Plan (South). No parking and No parking this side of street signs have been included. 25 mph speed limit signs have been included on the plans. 10. On both the Site Plan sheets and the Roadway & Sidewalk Details, the crosswalks are shown to have angled cross stripes. We use the standard 90 degree cross stripes. Please change the detail to reflect this. Please refer to SH 16 – Roadway and Sidewalk Details for the revised stripe details. 11. The luminaire proposed in SH PH1 does not appear to be on the City’s approved list of fixtures. They should confirm that this 1) either does comply with our list or 2) is considered an approved equal. Please see the attached specification drawing of the Philips VX600 pole top fixture. The fixture is designed to look like a traditional post light but the LEDs are positioned within the top of the unit, above the glass/plastic window, pointing downward as required by Appendix D in the LDRs. The applicant would be agreeable to a condition of approval stating the lighting fixtures shall comply with Appendix D in the LDRs if there is any doubt the proposed fixture will not meet the intent of Appendix D. 15. Staff notes that a slope impact is shown on the Nadeau Parcel at the intersection of Hinesburg Road and Nadeaucrest Drive. The Board has no authority to approve anything off‐site without that property owner’s approval. Staff recommends the Board require the applicant to adjust the grading to remain within the subject property, or provide a written agreement with the adjoining property owner allowing the proposed impacts, prior to closing the hearing. Please refer to SH 10 – Site Plan ‘F’. The lighter property line shown just south of the proposed finish grade lines is the abutting AuClair property boundary. The darker line shown just north of the AuClair property line is the proposed 50’ ROW to be offered to the City for Nadeaucrest Drive. Basically, the grading is being proposed within the existing 75’ ROW owned by the applicant but is not within the 50’ ROW proposed Nadeaucrest right of way or the AuClair property. Additional Labels have been included on SH 10 – Site Plan ‘F’ in order to make this more clear. 16. Staff recommends the Board require the applicant to revise their request to include only the buildings which actually need an alteration of preconstruction grade to allow the Board to better understand the proposed impacts under this criterion, and further recommends the Board consider whether to require the applicant to show their request graphically on the plans in order to provide a visual way for the Board to evaluate the request. The proposed preconstruction grade elevations have been determined for all 142 units in the development and have been included in SH 8‐11. 17. Staff recommends the Board require the applicant to measure the new preconstruction grade for each building as the average of the underlying grade at the base of the structure. The proposed preconstruction grade elevations have been determined for all 142 units in the development and have been included in SH 8‐11. 18. Staff recommends the Board require the applicant to revise the plant list to comply with City Arborist’s comment, and that the City Arborist approve the revised plan prior to zoning permit approval. They should find a substitute for White Fringetree, Chionanthus virginica, as it has recently been found to be susceptible to Emerald Ash Borer. 4 The White Fringetree has been removed from the planting list. These quantities were added to other approved trees already on the planting list. The revised planting list has been included. 20. The overall open space management plan indicates boulders delineating the neighborhood park land B and D, but those are not shown on the landscape plans. Staff recommends the Board require the applicant to confirm all delineation features are consistent between plans. The delineation boulders have been added to the landscaping plan set, please refer to SH L1‐L6. 21. The applicant has not provided delineation at the side yards of Lot 34 or unit 109, or at the rear of units abutting the mid‐site stormwater pond. Staff recommends the Board consider whether to require demarcation at these locations. Please refer to SH 22 – Open Space Management Plan, the delineation boulders have been added to the side yards of Lot 34, Unit 109, and the rear yard of Units 83‐86. 24. Staff recommends, specifically considering the use of the word “guideline” in the name of these documents, that the Board require compliance with these documents as a condition of approval. Please see the attached revised design narratives for the project that are not titled, say “Carriage Homes Design Requirements – revised 10/4/18”, “Duplex Units Design Requirements – revised 10/5/18”, and “Single Family Homes Design Requirements – revised 10/5/18”. 25. Staff recommends the Board require the applicant to address the issue of flooding on the Nadeau parcel prior to closing the hearing. Please refer to SH 7 – Site Plan ‘C’ and the attached HydroCAD analysis for a revised culvert design that will not backup water onto the Nadeau parcel in the 25‐year storm event. 26. Staff considers the transfer of applicant does not affect conditions previously required by the Board for what is essentially the same project, therefore recommends the Board replicate these requirements as a condition of this approval. Staff considers the applicant must record these easements and all other easements prior to issuance of the first zoning permit, as is typical of all approvals. The applicant does not have an issue with recording the easements prior to an issuance of the first zoning permit. 27. Staff considers that in addition to requiring review by the State addressing coordinator, the addressing plan is an important document referenced by internal and external parties after the project is approved, and recommends the Board require the applicant to provide a single plan sheet for the purpose of correlating lot numbers and addresses, without extraneous information such as contours, utilities, or lot coverages. Staff considers the addresses must be approved prior to final plat approval. Please refer to SH 23 – Signage and 911 Address Plan (North) and SH 24 – Signage and 911 Address Plan (South). In order to show the entire project on a single page the plan would be at 120 scale. The two North and South plans are each at a more readable 60 scale. In an email dated 9‐17‐18 the DRB Coordinator sent over a 2 page document with comments from the Stormwater Section dated 9‐14‐18 regarding the EPSC plan set. These comments have been addressed, please refer to SH E1‐E8 of the EPSC plan set. 5 The following are comments that repeated on multiple sheets: 1. Instead of repeating the General Notes on every page, it would be more useful to have it compiled in a Narrative. See follow‐up in General Specification summary. The general notes have been removed from all pages except SH E1 ‐ EPSC Construction Phasing Plan 2. The Inspection Table should be removed from sheets. The OSPC needs to inspect the entire site and follow the direction on the actual inspection form. This only includes part of the inspection and is therefore misleading. The inspection tables have been removed from all sheets. 3. The line weights of future work should be lightened so that the current work is more visible. Each phase of the project is clearly shown in colored heavily weighted boundary lines throughout the EPSC plan set. 4. Include the Wetland line type in Legend. The wetland line type and symbol have been included in the legend on all EPSC sheets. 5. Silt fence is not designed to run perpendicular to the flow. Please consider using a soil or woodchip berm to retain runoff. All silt fence needs to be wire‐woven within 100 ft upslope of receiving water (wetland). It is also recommended to use wire woven if intending to leave up through winter conditions. All of the silt fence has been removed where it was shown running perpendicular to the existing grade contours. Please refer to SH E8 – EPSC Details & Specifications for a revised silt fence detail that includes a requirement that fence installed within 100’ upslope of receiving water/wetland be reinforced with woven wire fence. 6. Construction Sequence: The stockpiles have to be seeded within 48 hours? This doesn't speak to if the pile is in use. The next note then mentions reseeding after 14 days of inactivity. Elsewhere on the jobsite the temporary seed requirement isn't until 30 days. This should be reviewed to be made consistent. The construction sequence has been revised for all phases to remove the note about seeding stockpiles within 48 hours. A note stating stockpiles shall be seeded after 14 days of inactivity unless work is to continue within 24 hours and no precipitation is in the forecast. If any of the notes on the EPSC plan are contradictive. The State issued 9020 permit states all of the erosion control requirements that supersede any notes on the plan set. 7. Add dewatering note: Discharge from dewatering activities that flows off of the construction site must not cause or contribute to a violation of the Vermont Water Quality Standards. A note stating that discharge from dewatering activities that flow off the site must not contribute to a violation of the Vermont water quality standards has been added to the EPSC plan set. Notes specific to individual sheets: General Specifications: 1. Consider creating a separate EPSC narrative that includes all permit information, sensitive resource areas, soils, stabilization requirements, winter stabilization requirements, OSPC requirements, etc. All permits should be recognized here. 6 The general notes shown on SH E1, in our opinion, adequately covers the major components of the EPSC plans. A copy of the State issued construction general permit and set of plans are required to be on‐site at all times. 2. Note 4 Is this Sediment Trap referencing a Stone Check Dam? If so it should reference the detail name. If not, a detail needs to be added. A stone check dam detail is included on SH E8. E1‐ EPSC Construction Phasing Plan 1. Note that OSPC inspections change for daily inspection during winter conditions between Oct. 15‐ April 15 during earthwork. Monthly if temporarily stabilized. This information should be provided in the EPSC Narrative. Note #13 has been added to the Winter Guidelines for Erosion Prevention and Sediment Control note, to change the on‐ site coordinator inspections from weekly to daily for earthwork and monthly if the site is temporarily stabilized. Please refer to SH E3‐E6. E2‐ Pre‐Construction Plan 1. The notes on this sheet should be Pre Construction notes determining the necessary requirements to begin construction. Pre‐Construction notes have been included to require the project engineer to stakeout all applicable wetland buffers, adjoining property boundaries, and archeologically sensitive areas prior to the start of construction. Once these items have been completed the EPSC plan will follow the construction sequencing notes of the current phase shown on SH E3‐ E6. E3‐ Construction Plan Phase I 1. Is this the only snow storage for the entire Phase I? It doesn't seem large enough and is upgradient. A larger designated snow storage area has been included for Phase I downgradient of the disturbed area. 2. Will trucks be utilizing the road to Sommerfield Ave.? Is so, it will need a Vehicle Tracking Pad. If not, it should be clearly delineated to limit access. No construction traffic is allowed to enter the project from Sommerfield Ave. A note stating, “no construction traffic shall enter the project from Sommerfield Ave” has been included. 3. Winter Guidelines Note 6 Spelling “Fee” has been corrected to “Free” 4. Winter Guidelines Note 7 Please include the desired application rate for winter stabilization. Assuming this applies to Note 8, a winter construction mulch application rate has been included. 5. Winter Guidelines Note 9 Define type of matting/ netting desired The straw erosion control blanket shall be utilized as shown on the detail on SH E8. 7 E4‐ Construction Plan Phase II 1. Construction Sequencing Note 5 is the same as Note 4 Note 5 has been removed. 2. The Limits of Disturbance are extremely tight to construction areas such as the pond. How will equipment shape the western slope? A dewatering location should be designated on the plans to ensure that it is within the LOD. The western slope will be shaped by equipment on the top of the berm. a dewatering location has been shown on the plans. The wetland buffer will be staked out prior to construction and will not be impacted except for where the project’s wetland permits allow. 3. The staging area appears to have silt fence all the way around it. This will limit any access. The silt fence has been removed except for the fence along the lower gradient. E5‐ Construction Plan Phase III 1. Is the trench outletting the pond wide enough to perform the necessary installation? The LOD has been expanded to include some of the ROW in order to install the outlet pipe. 2. How will the western slope of the pond be shaped? The LOD is located at the top of berm. The LOD is located outside of the proposed contours and the pond is entirely a cut. The pond will be dug from the east side of the wetland buffer. The wetland buffer will be staked out and will not be impacted for construction of the pond. E7‐ EPSC Stabilization Plan 1. Specify type of Erosion Control Blanket. Reference Installation Detail. The erosion control blanket detail has been revised per the State specifications. 2. Mention the slope limitations to mulching and when erosion matting is required. A note has been added to include the required erosion control matting conditions. E8‐ EPSC Details and Specifications 1. Specify slope requirements for using Erosion Control Blanket. The erosion control blanket detail has been revised per the State specifications. 2. Will soil testing be required prior to fertilizing? A soil testing requirement has been included in the landscaping specifications. 3. Winter seed mix should be itemized A note was added that should seeing being in late fall or early winter, then seed certified ‘Aroostook’ winter rye seed or approved equal should be used at 90 lbs/acre). 8 4. Regular grass seed doesn’t match blend specified on E7 The grass seed blend have been revised. 5. No Lime requirements are noted The lime requirement will be determined based on the soil tests. This note has been included in the landscaping specifications. 6. Fertilizer spec does not match quantity given on E7 The fertilizer spec will be determined based on the soil tests. This note has been included in the landscaping specifications. 7. Filter bag spec mention that it must be located in an upland location. A note stating that dewatering must be located upland has been included. 8. Individual Lot spec requiring matting at the end of each day during winter conditions does not match requirements provided previously in plans. The individual lot spec has been revised to reference the winter construction guidelines. If there are any additional questions/comments, please let us know as soon as possible so we get them squared away before the DRB Hearing. Have a good weekend. Thanks, Bryan Currier, PE O'Leary‐Burke Civil Associates 13 Corporate Drive | Essex Jct., VT 05452 p: (802)878‐9990 bcurrier@olearyburke.com 32002001, revision A 100 Craftway Dr. Littlestown, Pennsylvania 17340-0128 Phone: (717) 359-7131 INSTALLATION INSTRUCTIONS: SAFETY WARNING: ALWAYS TURN FIXTURE OFF/DISCONNECT POWER BEFORE PERFORMING MAINTENANCE! Ensure that the AC service is OFF before any installation or maintenance. Do not switch service to ON until the entire installation is complete. This fixture is intended for installation in accordance with the National Electrical Code and local code specifications. Failure to adhere to these codes and instructions may result in serious injury and/or damage to the driver and void the warranty. These instructions do not purport to cover all details or variations in equipment, nor to provide for every possible contingency related to installation, operation, maintenance, or mounting situation. Should specific problems occur that are not addressed by these instructions, contact your Sales Representative or distributor for assistance. Retain these instructions for future reference. TOOLS REQUIRED: - Screw drivers (phillips type and #8-10 slotted type) - 5/32" Allen Wrench/Driver (set screws) - Torque Wrench capable of 7-11 ft. lbs. torque INSTALLATION: 1) TURN POWER OFF. 2) Loosen set screws on housing, if neccessary. 3) Make luminaire wiring connections to supply wires (by others): - Green to Green - White to White - Black to Black Note: If supply from pole is equipped with male connecting wiring harness, simply remove secondary wiring harness from luminaire outwiring for "plug to plug" connection. 4) Slip luminaire's post fitter onto pole and ensure wires are not being pinched. 5) Orient the luminaire per one of the following scenarios: a. No photo-eye option: Turn luminaire so that the thumb screw in the roof is facing the street side. b. Photo-eye option: Turn luminaire so that the photo-eye is facing northward. Note, the photo-eye may be in the housing door or in the roof cap depending on fixture series. 6) Torque pole fasteners as follows: - Set Screws = 7 ft. lbs. CAUTION! Over torquing of screws/bolts may lead to damage or fatique of fastener. 7) Open roof by loosening thumb screw. a. No chimney option: If necessary rotate the LED assembly so that the "street side" marking is pointed in the correct direction. b. Chimney option: Remove LED assembly by disconnecting the wire connectors. Install the glass chimney (shipped separately in luminaire box). Then re-connect the wire connectors and replace the LED assembly so that the "street side" marking is pointed in the correct direction. *Note, the LED assembly is factory installed with "street side" facing the thumb screw in the roof. 8) Close roof and fasten thumb screw. 9) Install twist-lock receptacle if required. a. Door location: Release spring clip or loosen screw (depends on luminaire) that secures door and swing open to access the twist-lock receptacle. Install photo cell into twist-lock receptacle. Ensure wires are clear of moving parts and close door. When door closes properly there is an audible "click". b. Roof cap location: Pull decorative vent cap from roof. Install photo cell into twist-lock receptacle. Reposition vent cap and press firmly into place. 10) Power to luminaire may now be turned on. VX151/152, VX600, VX671, VX681, & VX8911/8912VX LED Cage Fixtures: LED ASSEMBLY VX151 FIXTURE SHOWN SET SCREWS (OPTIONAL) PHOTO-EYE (OPTIONAL) CHIMNEY OUT WIRES 1 Marla Keene From:Karen Cubino <karencubino@gmail.com> Sent:Thursday, September 27, 2018 6:04 PM To:Marla Keene Subject:JJJ and Cider Mill Rd extension Marla & DRB members, While the DRB has yet to issue a formal decision on the Cider Mill Rd extension—meaning construction of the road is required as part of JJJ’s final plat or set aside for a future date—I would like to note my disappointment with the process. With JJJ’s monetary contribution towards construction of the extension and the DRB apparently satisfied they had something to put in escrow, homeowners requesting relief from the almost 80% traffic increase from this development appear to be set aside should the road not be built until sometime in the future. Yet, it is interesting to note that it was homeowners who created the pressure on the developer (not the DRB) so that the DRB could more easily obtain a contribution from JJJ for road construction. It was homeowners who hired a traffic engineer to review the developer’s traffic data, challenged assumptions that encouraged the DRB to seek an independent technical review, presented neighborhood petitions for the Cider Mill road extension and challenged the developer in environmental court. Homeowners set the table and SB collected money for road construction. I now better understand the DRB process: The developer earns millions at full build out of Cider Mill 2, South Burlington collects millions in new taxes and Winesap/Braeburn become “through” streets because no one wants to part with the estimated $700,000 to build the Cider Mill road extension that we all know should be built—now, not in several years. I firmly believe DRB members, who kindly volunteer time and effort, try to balance all interests as they respectfully hear all voices and review information. But with millions of dollars at risk between SB and a developer there is tremendous pressure on the DRB to waive, alter, grant and exempt a developer from South Burlington’s LDR and Comprehensive Plan regulations. One can appreciate how frustrated homeowners might view the DRB’s relationship with a developer as they bear the burdens of a new development and are unable to obtain relief in the DRB process. I respectfully conclude that DRB members are good people who strive for transparency in a process they didn’t design and it is up to homeowners to understand that the location of millions of dollars will most likely have the loudest voices they must please with each new application. Thank you for hearing my voice on this DRB process, regardless of your final decision. It has been very enlightening. Best, Karen Cubino DEVELOPMENT REVIEW BOARD 2 OCTOBER 2018 The South Burlington Development Review Board held a regular meeting on Tuesday, 2 October 2018, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Miller, Chair; J Smith, J. Wilking, F. Kochman, M. Cota, B. Sullivan ALSO PRESENT: D. Hall, Zoning Administrator; M. Keene, Development Planner; A. Torrizo, J. Pease, W. Murray, F. Nesti, J. Anderson, C. Galipeau, O. Hansen 1. Directions on emergency evacuation procedures from conference room: Mr. Miller 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: Ms. Keene introduced Delila Hall, the new Zoning Administrator. 5. Continued conditional use application #CU‐18‐10 of Marcel Beaudin to reconstruct an existing timber retaining wall and add a handrail, 36 Brigham Road: The applicant was not present. Ms. Keene noted that staff had received the landscape plan. The City Arborist has said that there were no concerns. The Board felt no particular erosion control is needed because of the limited amount of disturbance. Mr. Cota moved to close CU‐18‐10. Mr. Wilking seconded. Motion passed 6‐0. 6. Continued miscellaneous permit application #MS‐18‐04 of Alexandra Fogg for stormwater upgrades within the VELCO property. The upgrades consist of construction of a gravel wetland and pretreatment forebays: DEVELOPMENT REVIEW BOARD 2 OCTOBER 2018 PAGE 2 Mr. Pease noted there are two properties involved in this application, the VELCO property on the Shelburne/South Burlington town line and the Burlington Self‐Storage property in South Burlington. The plan is to construct a gravel wetland stormwater system (similar to the one of Kerri Lane) to treat runoff by managing a one‐year, two‐inch storm on about 120 acres. Mr. Torrizo said they looked at several options for treatment and arrived at this option as the best in terms of feasibility. Work is scheduled for summer/fall of 2019 and will be funded through several agencies. The State wetland program has reviewed the project. They determined that the wetland involved is small and isolated and of low value and that replacing it outweighs the impact of eliminating what is there now. Mr. Pease said there is supposed to be a rare species of rush in the area, but it has not been located. They have gotten clearance to go ahead with the project. Ms. Keene noted that Staff has seen the e‐mail from the State wetlands program relating to this application. Members had no issues. Mr. Miller noted receipt of a letter from Frances Nesti outlining her concerns. Mr. Torrizo said the project will not bring any additional runoff to the area. It is also not feasible to do any work next to Mrs. Nesti’s house. They also looked at bringing the water out to the north. The tech person with the Impaired Watershed Department advised against that because it would increase the flow to an impaired stream that already has too much flow. Mr. Pease added that this project is a benefit to Mrs. Nesti’s property. Although they can’t eliminate what is happening now, they will be providing cleaner water. Mr. Miller noted that Mrs. Nesti says she will not accept the flow, but that the applicant says this project will decrease the flow and make it cleaner. Mr. Pease agreed that is the case. Mr. Torrizo said the rate of flow will be reduced. Mr. Miller said that Mrs. Nesti noted the pipe size will be increased. Mr. Torrizo said that is true, but the flow is being held back. Mrs. Nesti said that while she is pleased the project is being done, she will not accept the discharge flow on the southeast side of her property. She felt it is illegal for impaired water to run into unimpaired water and that this project will be discharging impaired water into Shelburne Bay which is south of an approved area for discharge 800 feet away. She said these problems must be solved before the project proceeds. DEVELOPMENT REVIEW BOARD 2 OCTOBER 2018 PAGE 3 Mr. Miller noted the DRB has minimal authority regarding the water flow onto the Nesti property and has no control over the discharging of impaired water which is under State control. He added that it sounds like the project will reduce and clean the flow of water to the Nesti property. Mrs. Nesti cited what is being added to the flow from different neighborhoods and from businesses, and she will not let it be discharged onto her property. She said there are additional conduits being directed to her site. Mr. Torrizo said there are other pipes to ensure the flow comes to the treatment practice but no additional flow and only one outlet. The water will go into the wetland where it should be. The culvert under the railroad will not be touched. Mr. Murray said there has always been water in the ravine, probably from either side of the railroad tracks. Mr. Pease said they have been working with Mrs. Nesti for a long time. All the properties with permits upstream have been maintained and they are cleaning up the swale at Burlington Self‐ Storage. Mr. Cota moved to close MS‐18‐04. Mr. Wilking seconded. Motion passed 6‐0. 7. Continued site plan application #SP‐18‐43 of Chamberlin Construction to amend a previously approved plan for a 32,000 sq. ft. temperature controlled self‐storage and 35,850 sq. ft. of self‐storage in eight buildings. The amendment consists of constructing a conveyance swale and pretreatment forebay. The pretreatment forebay discharges to a gravel wetland proposed to be located on the adjacent parcel, 123 Nesti Drive: Mr. Wilking noted he does business with the applicant but did not feel there was a conflict of interest. Mr. Torrizo said this is a similar situation to the previous agenda item. They are creating a system that will remove the “heavier stuff” before it goes into the storage area. There will be a more defined outlet to the main storage area as well. Ms. Keene asked about the flood lights. Mr. Pease said there are none. Ms. Keene said the existing lights need to be downcasting. Mr. Torrizo said the owner will address the lights in question. Regarding the bike rack, Mr. Torrizo said the one they had was hit by the plow and removed. It will be replaced. Ms. Keene said it must meet current criteria. This will be put in the approval motion. Ms. Hall directed attention to the graphic showing what is approvable. DEVELOPMENT REVIEW BOARD 2 OCTOBER 2018 PAGE 4 Mrs. Nesti felt the plan will not take care of all the debris from other sources. Mr. Pease said it will treat runoff from every location except from the Shelburne Bay Retirement facility which has its own system. VELCO gave the Town of Shelburne a 25‐year license to manage the system at no charge. No other issues were raised. Mr. Cota moved to close SP‐18‐43. Mr. Wilking seconded. Motion passed 6‐0. 8. Continued Sketch Plan Application #SD‐18‐16 of R. L. Vallee, Inc., to demolish an existing hotel and a portion of an existing service station and create a planned unit development consisting of an expanded service station with four additional fueling positions for a total of 12 and associated 9,000 sq. ft. retail sales building, 793 and 907 Shelburne Road: Mr. Sullivan recused himself due to a conflict of interest. Mr. Cota said he knows the applicant but didn’t feel he had a conflict of interest. Mr. Anderson said he thought the purpose of this meeting is to provide Board reaction to the material submitted by the applicant. Mr. Miller said the Board’s reaction to the material is that the proposal is not an acceptable project. Mr. Wilking added that it is a non‐conforming use issue, and there is not a good way to get around that. Members are not swayed by the applicant’s arguments. Mr. Kochman said he didn’t feel the project is viable. He said the cases cited by the applicant involve the definition of a non‐conforming use. He didn’t think that is the issue. He felt the issue is the enlargement of the structure housing a non‐conforming use by adding more pumps. He also did not feel this plan qualifies as a PUD at all. In addition, the proposal to overcome the lot coverage issue is a “non‐starter” for him. He provided the applicant with written comments which he represented were his own and not the opinion of the Board as a whole. Mr. Anderson asked if the Board would share the opinion of the City Attorney. Members felt this was privileged information. Mr. Galipeau asked to continue the application so they can study the information they have been given. DEVELOPMENT REVIEW BOARD 2 OCTOBER 2018 PAGE 5 Mr. Wilking stressed that Mr. Kochman’s opinions are his own. The Board feels that what the applicant has presented is a non‐starter. If the plan is changed so that it conforms, the board will be happy to consider it, but they do not want to re‐argue what they have seen before. He summed up by saying there are issues related to non‐conformity and the way to make it work is to meet the LDRs, not to find creative ways to get around it. That is not allowed. Ms. Keene noted if the applicant wants to present a different application, it would have to be rewarned. Mr. Galipeau said he didn’t see any harm in continuing. They will let staff know in advance if they are presenting a new application. Mr. Cota then moved to continue SD‐18‐16 to 6 November 2018. Mr. Wilking seconded. Motion passed 5‐0. Mr. Sullivan rejoined the Board. 9. Minutes of 18 September 2018: Mr. Miller noted on p. 2, the sentence that ends “…to retained” should read “to be retained.” Mr. Cota moved to approve the Minutes of 18 September 2018 with the above correction. Ms. Smith seconded. Motion passed 6‐0. 10. Other Business: No other business was presented. As there was no further business to come before the Board, the meeting was adjourned by common consent at 8:14 p.m. These minutes were approved by the Board on _____________.