HomeMy WebLinkAboutAgenda 11A_2019-09-04 DRB Minutes draft
DEVELOPMENT REVIEW BOARD 4 SEPTEMBER 2019
The South Burlington Development Review Board held a regular meeting on Wednesday, 4
September 2019, at 7:00 p.m. in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: M. Cota, Chair; J. Wilking, F. Kochman, M. Behr (via telephone), D.
Philibert, J. Langan, B. Sullivan
ALSO PRESENT: D. Hall, Administrative Officer; M. Keene, Development Review Planner; A.
Rheaum, A. Rowe, B. Bless, P. Ewing, D. Crawford, C. Snyder, N. Pion, J. Duncan, T. Maynard, A.
Solberg, S. Smetz, S. Leduc
1. Directions on emergency evacuation procedures from conference room:
Mr. Cota provided directions on emergency evacuation procedures.
2. Additions, deletions, or changes in order of agenda items:
No changes were made to the agenda.
3. Comments and questions from the public not related to the Agenda:
No issues were raised.
4. Announcements:
Mr. Cota advised that he will not be present at the next 2 meetings due to business
commitments. Mr. Sullivan will Chair the meetings in his absence.
Mr. Cota also advised that the Board will continue its discussion of parking standards under
“Other Business.
5. Site Plan Application #SP‐19‐30 of Champlain Water District to amend a previously
approved planned unit development for two 500,000 gallon water storage tanks. The
amendment consists of modifying the landscaping plan by removing 38 mature trees,
21 Harbor Ridge Road:
Mr. Pion said the trees in question have become a danger to a tank. Many of them are dying
and could cause damage to tanks. They will be planting 37 new cedar trees to provide
pedestrian screening. Their height will be maintained at 10 feet so they don’t become a danger
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4 SEPTEMBER 2019
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Staff comments were then addressed as follows:
1. Screening: There will be 20 cedars on the west side and 17 on the south side
adjacent to the fence line. There will be no screening to the north where it is
already treed and there are no plans for development. Ms. Philibert asked
what the neighbors across Harbor Ridge Road think of the plan. The
applicant said they haven’t talked with them.
2. As to whether the proposed plan meets the reason for screening, the
applicant said they brought in the City Arborist who said the trees being
taken down are not healthy. The ones that are healthy are staying. Ms.
Keene noted receipt of a letter from Dave Crawford of the Natural Resources
Committee who said the plan is OK.
No other issues were raised.
Mr. Cota moved to close SP‐19‐30. Ms. Philibert seconded. Motion passed unanimously.
6. Sketch Plan Application #SD‐19‐23 of Tyler Maynard to subdivide an approximately 69
acre parcel into four lots of 66.1 acres (Lot 1), 0.8 acres (lot 2) 0.8 acres (lot 3) and 1.1
acres (lot 4) for the purpose of constructing a single family home on each of lots 1, 2,
and 3, conserving the unbuilt portion of lot 1, and constructing a private access road
on lot 4, 47 Cheesefactory Road:
Mr. Langan stepped down due to a conflict of interest.
Mr. Maynard explained that they want to subdivide the parcel into 3 usable lots. The 4th lot is
the access road to a dwelling.
Staff comments were addressed as follows:
1. Regarding the 60+ acres being set aside for conservation, Mr. Maynard noted
there is a significant amount of wetland on that property.
2. They will configure the road to provide the least amount of disturbance.
3. Regarding the construction of the new private road, Ms. Keene reviewed the
history of the Ewing property and a private road which will be replaced with
a new longer road. She showed the approved Ewing plan and the location of
the new proposed road which will “T” with the new Ewing road. Mr. Wilking
expressed concern with a visibility problem with the location of the curb cut.
Mr. Ewing said at the existing Cheesefactory Lane there are very bad sight
lines. The proposed access has a smaller knoll and is much improved. It is
also a shorter route for emergency vehicles and has no 90‐degree turns. Mr.
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Ewing also noted this the Ewing project had 2 large conservation parcels.
One of these has been sold to the Nature Conservancy. The other sale fell
through as they couldn’t get access for the house, and the purchase
agreement expired. He added that this proposed project could help renew
that sale. Ms. Keene said that considering the road as a “lot” is a separate
issue. She encouraged the Board to think about the road in the spirit of
conservation.
4. Mr. Maynard said they will manage the open space.
5. (dealt with above)
6. Regarding the houses being “in a line,” Mr. Maynard said this is for septic
issues and the existence of ledge. Ms. Keene said this will require a waiver.
Mr. Behr said he is not bothered by the houses being in a line because of the
amount of land being conserved, and any other arrangement would use
more land.
Mr. Solberg said they oppose lot 4 or anything that breaks up the grassland.
They feel it will cause water problems, and there is already a lot of water
there. He preferred that the existing right‐of‐way be used on Cheesefactory
Lane. Mr. Ewing said a State wetland delineation has been done, and there
are wetlands at both tips of the road but no wetland impact in between. The
road will be 20 feet wide, graveled. Ms. Smets felt the easement is only for
the benefit of the owner of another lot. Ms. Leduc was concerned that the
road will go alongside their property. Mr. Wilking noted that if Mr. Ewing
had an agreement to conserve the acreage in Shelburne, it could affect the
Board’s decision in the future.
No other issues were raised.
Mr. Langan rejoined the Board
7. Preliminary and Final Plat Application #SD‐19‐24 of Snyder‐Braverman Development
Co., LLC, to subdivide an existing 21.74 acre lot into six lots of 0.43 acres (LotM1), 0.69
acres (Lot M2), 1.33 acres (Lot M3), 1.35 acres (Garden Street), 5.86 acres (Lot N) and
12.08 acres (Lot L), for the purpose of constructing Garden Street and a project south
of Garden Street on Lots M1, M2 and M3, which will be reviewed under separate site
plan application, 390 Garden Street:
Mr. Braverman said the 6‐lot subdivision is in the T4 transect, directly behind Healthy Living. A
major part of the subdivision is to construct part of Garden St. Lots M1 and M2 are for mixed
use development. Lot M3 is for parking. Lot L contains a gravel wetland, and Lot N also
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contains stormwater management, and both will also have other development. Garden Street
is a 64‐foot right‐of‐way. They have worked with the city regarding design of the street, and
the City Council has approved the plan. Efforts have been made to meet the frontage buildout.
Staff comments were then addressed as follows:
1. The applicant agrees to complete of Garden Street prior to a Certificate of
Occupancy of the first building north of Garden Street.
2. Staff is looking for the Board’s blessing to consider lots M1, M2 and M3
together. Mr. Kochman asked how they get away from each lot meeting the
frontage buildout requirement and why there are 3 lots. Mr. Braverman said
they need 3 lots for phasing which involves an issue of fundraising
mechanism. Mr. Braverman said each lot meets the frontage buildout
requirement considered individually.
3. Regarding the rec path connection, Mr. Braverman said they submitted the
plan this afternoon. He showed that plan, and Ms. Keene said “it works.”
Mr. McKenzie said the plan is to build Garden St. down to the curb cut in Phase 1, then do the
rest of it. This is the same scenario as with the CHT building. Ms. Keene said that was not what
staff understood. Mr. Kochman asked what harm there is in the uncompleted segment until
the building is built. Ms. Hall said the issues are access and circulation. Ms. Keene added it
depends on what else gets built in City Center before the road is built. Mr. Wilking noted with
the first part of the road, there is already access to L & M. Mr. Kochman said he is sympathetic
with both staff and the applicant’s economic element. He felt there is a strong likelihood the
road would be completed. Mr. Wilking said he had no problem with getting the road 50%
done. The development won’t be completed without the road going all the way. Members
were OK with this.
Mr. Cota moved to close SD‐19‐24. Ms. Philibert seconded. Motion passed unanimously.
8. Minutes of 16 July and 20 August 2019:
Ms. Philibert drew attention to a small grammatical change in the minutes of 20 August. She
then moved to approve the Minutes of 16 July and 20 August as corrected. Mr. Kochman
seconded. Motion passed unanimously.
9. Other Business:
The Chair noted receipt of a memo from Duncan Murdoch regarding the importance of trees.
Members then continued the discussion from the last meeting regarding minimum parking
standards. Mr. Cota noted receipt of a letter drafted by Mr. Kochman expressing his views. Mr.
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Cota said he can understand why eliminating minimum parking standards is desirable to the
planning commission as it would result in less stormwater, encourage fewer cars and result in
less pavement. He felt, however, that there would be unintended consequences. There would
be a business objecting to another business going in with no parking provided, and the only
thing the Board would be able to say is “go to the Planning Commission.” He preferred a
compromise with flexibility for the DRB. Mr. Cota noted the DRB doesn’t vote up or down what
the Planning Commission recommends, but they have a chance to provide some guidance to
the City Council in this case.
Mr. Wilking said he agrees with Mr. Kochman. He noted that when the Board approves a
building, they approve it for the future. He felt that almost every office building needs 4‐5
parking spaces per 1000 sq. ft.. If you approve a building with no parking, there is no place to
get more. He felt parking should be provided for 80‐90% of “peak” in order to be realistic.
Ms. Philibert noted that in Vermont people don’t always live close enough to walk or bike.
There are also extremes of weather. She felt adequate parking is needed.
Mr. Sullivan said the premise is that if you take away parking people will walk or bike. But there
are people who can’t. He felt you can’t impose one solution on everyone.
Mr. Langan noted that inadequate parking could affect nearby neighborhoods. He felt
flexibility is needed.
Mr. Behr said he agreed with the premise, but felt the need to be realistic. He also felt there is
a middle ground. He was willing to sign onto the letter as a member of the DRB but not have
the letter come from the DRB.
Members stressed that they will enforce whatever is passed. Mr. Sullivan and Mr. Behr agreed
to go to the City Council when the proposed amendment is heard. Mr. Kochman suggested
trying to get WCAX to present “the other side” of the issue as they presented only one side.
As there was no further business to come before the Board, the meeting was adjourned by
common consent at 8:24 p.m.
_____________________________________
Clerk
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Date