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                                          Development Review Board
                                                March 13, 2007
 
The regular meeting of the Stowe Development Review Board was held Tuesday, March 13, 2007 in the Banquet Room of the Akeley Memorial Building starting at 5:00 P.M.
 
Members present: Larry Jones, Susan Brittin, Dean Pineles and Ed Izzo. Absent: Ted Teffner and Lynn Altadonna, alternate. Two vacancies remain on the Board. Mr. Jones advised applicants that there were only 4 members present which constitutes a quorum but all 4 had to vote unanimously. 
 
5:00 P.M.
Project #:        3309
Owner (s)       Palmer, Mark & Heather
Tax Parcel #: 7-312.100
Location:        998 South Main Street
Project:           Revision of building design for project # 3242 & 3155 (Postponed 2/20/07- Requesting postponement to 3/20 to allow for SHPC review..
Zone:              RR 1/RR 2/ SHOD
Mr. Pineles moved to POSTPONE at the applicant’s request to March 20, 2007 in order that SHOD review can take place. Motion seconded by Mrs. Brittin with those members in attendance voting in favor.
 
5:10
Project #:       3305
Owner:          Brackenbury Place LLC
Tax Parcel #: 7-263.010
Location:       645 South Main Street
Project:          Changes to previously approved façade (RECESSED 2/20/07)
Zone:             LVC/SHOD
Dean Economou present to explain the changes, which have been recommended from SHPC, State Fire and Safety and a potential tenant. Mr. Baker stated that the SHPC advised him that awning windows are historical. The changes being proposed were approved by the SHPC on 3/8/07. Changes proposed are: (1) changing the second floor dormer windows on south elevation from double-hung to awning windows; (2) swapping the locations of a door and window on the north elevation; (3) changing the double glass door design on the north elevation; (4) changing a window to a door on the north elevation; (5) changing muntin pattern on some windows on south elevation; (6) modifying portions of siding on north elevation to vertical siding (which will be 6” shiplap and stained stated Mr. Economou); (7) adding a covered porch on the west elevation (previously approved) and only adding a railing; (8) adding an extra window on the west elevation; (9) adding double glass doors on east elevation and (10) adding 4 skylights on east elevation which will not be visible from the public road. Mr. Economou stated windows will have true-divided lights or simulated divided lights.                                                                                                             
 
Mr. Izzo was not in favor of the awning type windows being used and a total of 73 windows being proposed feeling that is too many for the building. Mr. Pineles asked Mr. Economou if there was much discussion with the SHPC about awning windows. Mrs. Baraw, in the audience, stated the SHPC was adamant to have awning windows as they are in balance and double hung windows should not be. Mr. Izzo disagreed. Mr. Economou stated the reason some of the windows are as small as proposed is because there are height restrictions and double hung would look out of place. Mr. Pineles stated he questioned if awning windows are displeasing and it is logical double hung would not work. Mr. Izzo stated double hung windows were approved. Setting the issue of the windows aside, Mr. Jones asked members if there were issues about other changes (i.e. #2-10). The Board then reviewed each change and with minor comments agreed to accept as proposed. Mr. Pineles then moved to approve as an amendment to the original approval items # 2-10 and RECESS item # 1. Mrs. Brittin seconded the motion. Discussion took place Re: when the windows were ordered and why they were ordered without approval. Mr. Izzo was uncomfortable and felt the Board should look on the entire project as a whole. Mr. Izzo stated it is a good project but a number of changes have been made. Mr. Pinles withdrew his motion and Mrs. Brittin moved to RECESS project # 3305 to MARCH 20, 2007. Mr. Pineles seconded the motion with all in favor. 
 
5:50
Project #:        3318
Owner(s)        SprucePeak Realty LLC
Tax Parcel #: 14-011.000
Location:        SprucePeak Resort
Project:          Addition of stair tower and cooling towers to Stowe Mountain Lodge/Spa
Zone:               RR-5/SKI-PUD
Rob Apple was present stating Phase I was approved, including the spa portion of building D (Phase II). In order to serve the spa it is necessary to build a portion of building D, an enclosed stairwell, providing a second egress from the spa and access to the lower level of the mechanical area to include cooling towers. tape 1 side 2 The applicant proposed placing the temporary cooling towers (22’) on a construction trailer and locating them temporarily to the east of building B. Eventually the permanent towers will be placed on top of building D. The exterior stairwell will serve the spa which is currently under construction, and will be eventually integrated into building D. A foundation and covered slab are to be placed this spring in conjunction with the tower so that the mechanical can be placed under it. The stairwell, which will be 32’, will go on the southwest corner of the spa building (which is 32’ and has received approval, and building D will need to come back to the Board). There will be a berm and temporary vegetation as one drives into the construction area where the towers will be placed. Plans are now to have a 4-5’ fence around the area. Sec. 4.7 reviewed re: the stairwell and slab. Same materials and colors will be used. Electrical capacity for the cooling towers is within the “ability to serve letter”. Mr. Apple stated the decibel level of the towers would be less than 92 within 10’ of the towers themselves. Mr. Pineles referred to another project where the members were concerned with the decibels being 40. No additional landscaping or screening planned. One exterior light over the doorway. It was agreed by members that the Zoning Administrator could approve the cooling towers/trailer. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law re: the construction of the stairwell in project # 3318, seconded by Mr. Pineles with all in favor.
   CONDITIONS: (1) All previous conditions in this project shall remain in force.
 
6:15
Project #:         3317
Owner(s)          SprucePeak Realty LLC
Tax Parcel #:   14-011.000
Location:          SprucePeak Resort
Project:             Revisions to previously approved golf clubhouse       
Zone:                RR-5/SKI-PUD
Mr. Apple present and stated the previous amendment approval did not have a basement and this plan does so the footprint has been enlarged to 2720 s.f for a total of to 5540. The exterior will consist of primarily natural cedar shingles and natural wood trim consistent with the approval of 8-06. The porte cochere has been eliminated. Plans are for a pull in area with 4 parking spaces including one handicap space. Height remains 20’. Golf carts will eventually be stored in the parking garage in the summer and off site in the winter. The clubhouse as proposed will include a small kitchen area with bar, office space, mechanical room, ski & snowboard storage area, retail storage, food storage, golf bags/room storage. Lighting will remain as approved in 2006. Building will be used in the winter on a limited basis, stated Mr. Apple. Sec. 4.7 reviewed in detail referring to written testimony supplied by the applicant dated 2/12/07. Mr. Izzo moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: an amendment to project #3077 with the following CONDISTIONS:
(1)   Any change to the plans or the proposed use of the property shall be brought to the attention of the Zoning Administrator, prior to its implementation, for a determination if an amendment shall be required.
(2)   All previous conditions connected with the original approval shall remain in force.
Mr. Pineles seconded the motion with Mrs. Brittin, Mr. Izzo, Pineles and Jones voting in favor. Mr. Teffner and Altadonna were not present.
  
6:25
Project:            3298
Owner:            Town of Stowe
Tax Parcel #:   7A-162.000
Location:         Pond and School Streets
Project:            Relocation of historic school house and the construction of an addition (RECESSED 1/23/07
Zone:               RR-20/SHOD  
Present was Barbara Baraw on behalf of the applicant. Mr. Jones stated a significant change has taken place in that the Select Board on 2-26-07 agreed to amend the application making the Town of Stowe the applicant and to clarify that the building would be a municipal-owned and operated facility. Under Vt. Statutes Title 24 Sec. 4413(a) the DRB has very limited review and he read what could be regulated. Additionally, Sec. 4.5(6) of the Regulations provides that municipal uses will not be subject to the dimensional requirements of the underlying zoning district. Rather, the dimensional requirements of the least stringent of any zoning district in the Village shall apply. Accordingly, this project requires only a 10-foot setback. Mrs. Baraw showed the members and audience a perspective done by Paul Rogers, which provides a good rendering of the placement of the building relative to the Bloody Brook School and the Helen Day Memorial buildings. However, Mr. Rogers was unable to put the side addition and ramp into the prospective. There will be an 11’ space between the front corner of Bloody Brook and the addition with an ADA handicap access. tape 2 side 1. (tape off for a brief time) She stated that in 1991 the Town and School District combined acreage totaling 14.06 acres, which includes the entire school/recreation area. Mr. Pineles stated he was concerned with how the addition of 5’ will look and the width of the passageway and asked if it could be placed on the rear of the building. Mr. Jones stated at some point the building would require an addition somewhere because of the proposed elevator and handicap bathrooms. Tape on-- Mr. Pineles stated he was convinced the addition as proposed is essential to the project and would not oppose that, but asked if the handicap access could be reconfigured. Mr. Izzo asked if the building could be moved 5’ forward and Mrs. Baraw stated it could but they would have to return with a whole new project. Mr. Jones told members it is not up to them to design the project but they could express concerns with the project. Mr. Jones stated there were two members not present so the applicant could return. Mr. Pineles stated he was not saying he would vote no necessarily if the ramp has to remain where it is, he wants the project to work, but his preference was to maintain the perspective the best possible with the ramp in the rear. This would mean that a handicap ramp would be immediately adjacent to the sidewalk and he did not see that as a problem. Mr. Pineles said if the Board had the right to impose the historic criteria they could waive the setback and then the ramp could go in the rear. There will be a handicap parking space next to the power pole and gravel sidewalk. Discussion continued with the Board feeling constrained as to their review. Sec. 4.7, Conditional Use Review, provides a basic framework for review, but many specific items are beyond the jurisdiction of the DRB because of the limitations imposed by Title 24, Sec. 4413. It was determined there would be no traffic impact and no landscaping is being proposed for the project. Mr. Izzo moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law with the following changes:
(1)   Any change to the plans or the proposed use of the building shall be brought to the attention of the Zoning Administrator, prior to its implementation, for a determination if an amendment shall be required.
(2)    Proposed pole lamps will have translucent bulb. Mrs. Brittin seconded the motion.
No vote taken
                                                                    
Discussion continued.  Mr. Pineles stated he was concerned with the way the handicap ramp will look and function. Mr. Izzo said there are two historic buildings presently on the site and he felt it should remain looking that way. Mr. Jones felt the members were designing the project, which they cannot do. Mr. Pineles felt they could address mass, location etc. Mrs. Baraw stated they could landscape the ramp and grade down to the walkway if necessary. Mr. Baker told members they do not have design review. Mr. Izzo then WITHDREW the motion and Mrs Brittin withdrew her second. Mr. Izzo then moved to RECESS to APRIL 3, 2007, seconded by Mr. Pineles with all voting in favor. Mrs. Baraw will go back to the architect for suggestions at which time Mr. Pineles said if all other options for the ramp were eliminated he would probably vote in favor.
 
8:00 BREAK:
 
8:15 Zoning Administrator’s Report:   
 
Mr. Apple was present when Mr. Baker stated he had gone to do a CO at the Spruce Peak Turf Center. The rear section was not built and the outbuilding was relocated in the parking lot, which will be landscaped. The building will be pushed back 20’ and will be landscaped with no guest parking as previously planned. The Board agreed to treat as a MINOR.
 
Mr. Apple stated when a project now goes to bid, he will be meeting with the contractor to make certain they are building what the Board approved.
 
Falker Apartments on Maple Street:
The ridgeline is being adjusted, the SHPC treated as a minor and the Board had previously agreed.                                 
 
 Butternut Commons: The Board previously approved an office to be an apartment or office with Conditional Use Review. The owner now would like to combine two apartments and would like to use another apartment as an office. The question was what is on the property in each building at the present time. Mr. Jones felt the Board should be consistent in their review procedurally since there are three different buildings. The owner will be asked to attend the March 20, 2007 meeting withan inventory of what is on the property.
 
RIVERWALK CONDO next to Butternut Inn:
The question was the legal status of a previous approval. A preliminary drawing was recorded. Town’s Attorney said based on the fact it was signed by the Chair it was approved, and with three different permits having been given for the project, it should be treated as being approved. It is considered as one condo lot.
 
821 RIVER ROAD (MORIARTY PROPERTY: There is a 3-acre parcel on River Road that currently has 4 single-family dwellings. It is non-conforming lot, in an RR-2 zone. Technically all that could be put on the lot is a single family or duplex, stated Mr. Baker. There is someone who wishes to redevelop the parcel and keep the same density of 4, proposing to construct two single-family dwelling units and one duplex. The question before the DRB is whether one can redevelop a parcel with an existing non-conforming density and maintain the same degree of non-conformity with a different configuration of buildings. Mr. Izzo felt that is a lot of density on 2 acres and the change could trigger using what allowed. The Regulations provide for a single-family dwelling or a duplex on parcels in the RR-2 zoning district. He suggested getting advice from the Town Attorney. Mr. Pineles stated if they tear down the buildings, they don’t have what they have now so how could they put it back and asked if the use is not non-conforming? It is not permitted to have more than x number of buildings on this size lot. Mr. Baker stated one of the criteria could be the Conditional Use and is it an expansion? Mr. Jones referred to Sec. 5.1(1) and read it—no non-conforming use can be changed unless to a conforming use. Mr. Baker stated the lot is what is non-conforming. Members felt they should have to probably adhere to Sec. 5.1(1) but it is not clear.
 
There being no further business to come before the Board, the meeting adjourned at 8:45 P.M.
 
Respectfully submitted,
 
 
Barbara S. Allaire
 
***
 
 
 
 
 
                                       Development Review Board
                                              Town of Stowe
                                              March 20, 2007
 
The regular meeting of the Development Review Board was held Tuesday, March 20, 2007 in the Banquet Room in the Akeley Memorial Building starting at 5:00 P.M.
 
Members present: Larry Jones, Chair; Ed Izzo, Susan Brittin, Dean Pineles and Lynn Altadonna as alternate. Absent: Ted Teffner.
 
5:00
Project #:    3260
Owners:      Sparks, Louise & David Schwartz
Tax Parcel #: 6-039.000
Location:        2438 Mountain Road
Project:           Requesting approval to demolish historic house (Postponed from 1/23/07- Request is for further postponement for SHPC review).
Zone:               UMR
Mr. Pinels moved to POSTPONE to the second (2nd) meeting in May at the request of the applicant, seconded by Mrs. Brittin with all in favor. Mr. Teffner was absent.
 
Project #:        3295
Owner:            De La Parra Vargas, Manelick
Tax Parcel #:   8-044.080
Location:         Upper portion of Taber Hill Road
Project :           Five-lot subdivision-n Preliminary Approval (Recessed from 2/20/07) Request is for further Recess to 4/3/07)
Zone:               RR-5/RR-2/Part in RHOD
Mrs. Brittin moved to RECESS to APRIL 3, 2007 at the applicant’s request. Mr. Izzo seconded with all in favor. Mr. Teffner was absent.
 
Project #:         3309
Owners:           Palmer,Marc & Heather
Tax Parcel #:   7-312.100
Location:         998 South Main Street
Project:           Revision of building design for project 3242 & 3155 (Postponed 3/13/07)
Zone:               RR-1/RR-2/SHOD 
Mr. Izzo moved to POSTPONE to APRIL 3, 2007at the applicant’s request, seconded by Mrs. Brittin with all in favor. Mr. Teffner was absent.
 
5:10
Project #:        3305
Owner:            Brackenbury Place, LLC
Tax Parcel #: 7-263.010
Location:         645 South Main Street
Project:           Changes to previously approved façade (RECESSED 2/20/07 to 3/13/07 to 3/20/07)
Zone:                LVC/SHOD
Present was Dean Economou. Mr.Altadonna stated for the record he had read the minutes of 3/13/07 (the meeting at which he was not present), looked at the windows in the building, previously was present when the changes were made, except for the windows and spoke to Tim Meehan, a member of the SHPC, so he felt comfortable in participating. There were only 4 members present at the 3/13/07 meeting, at which time members came to the conclusion that they could approve changes items 2-10 but not the windows at this time. Mr. Economou stated the original plan showed awning windows, which were approved, and on 2/28/07 the SHPC recommended approval with the historic awning windows. Mr. Izzo stated that the builder is noted to use a design/build technique that leaves the project open to change without proper or prior approval. In this case it was obvious to Mr. Izzo that the builder and developer made changes to the type and design of certain windows without prior approval from the DRB. Additionally Mr. Izzo commented that he had driven through the village several times and had not noticed any awning windows that were similar to or would complement the windows in this project; and he found it difficult to believe that the SHPC would recommend the awning windows as being historic in nature , especially since there were so many of them in relation to area on the building were they to be installed. Mr. Izzo stated there are 73 windows in the building and if all are open at one time, it will not look appealing. Mr. Economou stated Fire & Safety required some of the changes. Mr. Altadonna said Mr. Meehan shared with him that the windows have the historic look and that awning windows are historic. Mr. Economou said he as a developer is put in a catch twenty-two, the SHPC made a recommendation of which the DRB accepted but at the time the DRB did not address the issue of awning windows. Discussion followed. Mr. Jones referred to Sec. 17.5(d) and Mr. Pineles referred to Sec. 12 (2) (a). Mr. Altadonna said when the bylaws were being discussed, the issue of concern was the divided lights and not the style. Mr. Pineles moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project 3305 being items 1-10 and as proposed by the applicant. CONDITIONS:
   (1) All previous conditions applied to the original approval shall remain in force  
   (2) The changes are as recommended by the Stowe Historic Preservation Commission.
 Mrs Brittin seconded the motion with Mrs. Brittin, Mr. Pineles, Jones and Altadonna voting in favor. Mr. Izzo voted no. Mr. Teffner absent and there remains two vacancies. 
 
5:35
Project #:         3322
Owner:            Ampersand Properties, LLC
Tax Parcel #: 7A-034.000 (Green Mountain Inn)
Project:            Enclose hood exhaust and build unheated storage area
Location:         18 Main Street
Zone:               VIL PUD/SHOD
Mr. Beidermann was present for the owner and stated the hood in the upstairs kitchen is in violation of state code and needs to be removed. Plans are to build an unheated space over an existing roof for storage and a hood. Hood duct will go on the exterior wall using an insulated duct system, over the top of the existing small building, go over the roof (which is essentially flat), and the hood will be screened by a small fence structure. Mr. Biedermann stated the hood will not be seen from Main Street and only slightly from the Depot Malt Shoppe. Mr. Biedermanan stated it has not been totally engineered so there are still questions to be answered, i.e. dimensions, noise level etc. Mr. Biedermann stated his goal is to get approval and return for an administrative amendment if needed. There is no new footprint involved. There will be no shutters on the dormers and will use barn sash windows with true divided lights. The addition will be painted red with black asphalt roof. Sec. 4.7 reviewed. Mr. Jones read the recommendations of the SHPC dated 3/14/07.  
Mr. Izzo asked how high the ductwork would be above the roof and Mr. Biedermann did not know at this time but said the system will be insulated. tape 1 side 2 The noise issue was discussed and members felt it could be addressed as a condition. There are no additional exterior lights being proposed. 
Mr. Izzo moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: 3322 with the following CONDITIONS:
(1)   Any change to the plans or the proposed use of the property shall be brought to the attention of the Zoning Administrator, prior to its implementation, for a determination if an amendment shall be required.
(2)   If the hood is visible from any public vantage point, the applicant shall return to the Board for final design review.     
(3)   There shall be no noise heard from the heating vent system from any abutting residential property.
(4)   The applicant shall submit final plans for the Board’s review.
(5)   Approval shall include the recommendations of the SHPC dated 3/14/07
Mrs. Brittin seconded the motion with Mrs Brittin, Mr. Izzo, Altadonna, Pineles and Jones voting in favor. No vote against. Mr. Teffner not present.
 
6:10
Project #:        3323        
Owner:           Ampersand Properties LLC
Tax Parcel #: 7A-034.000 (Green Mountain Inn)
Location:        18 Main Street
Project:           Relocate laundry facility to maintenance building and construct a shed roof.
Zone:              VIL PUD/SHOD           
Present was Ken Biedermann representing the applicant and stated that the plans are to take a portion of the existing shop area (located in the building behind Shaw’s), and move the laundry to that area of the existing maintenance building. No expansion to the building other than a small bump out. Plans are to add a shed roof, change a garage door to a double solid panel door, change a door to a window and remove the vinyl siding and replace with clapboards and trim painted red. The metal roof will match the existing roof. No increase in sewer or water capacity required. Washers (3) and dryers will be in the rear portion of the building in an enclosed room with the duct work going to the exterior away from John Steele’s building which abuts and going towards the Talarico parking area. Mr. Biedermann stated the two-bedroom apartment will remain on the second floor. Mr. Jones read the recommendations of the SHPC dated 3/15/07. Members reviewed Sec. 4.7. Venting of the laundry will be outside of the building on the east elevation to the Talarico parking area. Mr. Biedermann stated minor landscaping will take place. There are two parking spaces on the side of Shaw’s. One barn type light will be over each solid panel door on the west façade. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of facts and Conclusions of Law based on the SHPC recommendations with the following CONDITIONS:
(1)   Any change to the plans or the proposed use of the property shall be brought to the attention of the Zoning Administrator, prior to its enactment, for a determination if an amendment shall be required.
(2)   If a VT Wastewater approval is required, the applicant shall submit a copy for the record.
(3)   The applicant shall submit cut sheets for the two exterior lights to be used.
Mr. Pineles seconded the motion with all members voting in favor. No vote against. Mr. Teffner was absent.
 
6:30
Project #:        3328
Owner:            Spruce Peak Realty, LLC
Tax Parcel #: 14-011.000
Location:         Spruce Peak
Project:            Revisions of previously approved Spruce Camp Base Lodge
Zone:                RR-5/SKI-PUD
Present was Rob Apple explaining the proposed changes as the buildings gross square footage will increase from the approved 174,304 to 195,838 (building grown by 20,000 s.q.) in order to accommodate the future snow melt operations services for the plaza, cafeteria, storage areas, the ice rink and additional skier programs. There will be 27 residential units with a total of 45 bedrooms. This is within the 400 approved units. The building will not be moved closer to Rte 108. The height of the building is to remain at 81.4’at its highest point with the buildings top elevation remaining at the same level as the previously approved structure because the grade has been lowered 5’. (Main mass of the building will have a height of 69’10”). Materials and colors tape 2 side 1 to remain as previously approved. The number of underground parking spaces now totals 36. There are an additional 11 surface parking spaces and 7 additional drop-off spaces. Access to the structure has been changed only slightly from the previously approved plans. Only one drive will serve both the underground parking adjacent to the main drop off area. There will be a small temporary parking area adjacent to the main drop-off area. Parking will only be permitted in designated parking and will not be permitted on driveways. The port cochere and driveway into the underground parking will have a snowmelt system installed to eliminate the need for snow removal. There will be a First Aid facility in the building. There are no plans to adjust the Master Plan. Sec. 4.7 reviewed. Mr. Apple’s testimony was there will be no additional impacts on any community facilities or services resulting from the building. Mr. Apple stated he will be meeting with the Stowe Fire Department on 3/29/07 giving them an update on the plans. A landscaping plan was submitted as well as an updated parking affidavit. Exterior lighting plan does not change from the original application, stated Mr. Apple. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project # 3328 with the following CONDITIONS:
(1)   Any change to the plans or the proposed use of the property shall be brought to the attention of the Zoning Administrator, prior to its implementation, for a determination if an amendment shall be required;
(2)   The applicant shall provide for the file an affidavit indicating the number of housing units built to date.
(3)   Before a zoning permit is issued, a letter shall be obtained from the Fire Department stating that there will be no adverse impact on the ability to provide fire service.
(4)   All previous conditions imposed in the original approval shall remain in force.
Mr. Pineles seconded the motion with Mrs. Brittin, Mr. Izzo, Jones, Pineles and Altadonna voting in favor. Mr. Teffner was not present.
 
 
 
7:00 P.M. Break
 
7:15
Project #:         3294
Owner:            Covered Bridge Homeowners Association
Tax Parcel #:   11-254.200
Location:          35 McLane Road
Project:            Amendment of previous conditional use approval to allow for the
removal of 6 trees (RECESSED from 2/6/07)
Zone:                 RR-5/RHOD 
Present were Paul Reed and Ken Biedermann. Mr. Reed stated the area left of the road entering phase III has been abandoned and the road has been moved further from the buildings. Buildings 13 & 14 have been built and sold. There are 6 evergreen trees, 4 singles and a double hemlock, which are the topic of the hearing. There is dense continuous tree cover in the area (showed the pictures from different angles). The request is to remove the twin hemlock and only one of the remaining 4. There is a sewer manhole which cannot be interrupted within the area so they are limited to what trees can be removed. Members did a site walk on 2/3/07. tape 2 side 2 . The twin hemlock to be taken is to the rear of unit 27, building #12, but its removal will not cause the building to skyline, stated Mr. Reed. Mr. Jones stated the primary objective in the RHOD is to prevent sky lining and part of the original approval was the perceived effect the trees have in assuring that there will be no sky lining of building #12. Mr. Reed again stated that the removal of these trees will not cause building #12 to skyline. He felt there would be a perpetual infiltration of trees through the years. Mr. Reed stated if he were to be allowed to take out 1 tree, he could get the sewer line through where the #3 tree is. Mr. Izzo asked about a mitigation plan if the impact is greater than anticipated. Paul Percy, in the audience asked what land a large clump (and identified the location) of spruces is on. Mr. Reed stated the applicant owns this property. After more discussion, Mr. Pineles moved to approve the plan as modified this date, classifying this project as minor and amending the previously approved plan, which would permit the cutting of the twin trees # 5& 6 and tree # 3 with the understanding that the cutting of the trees will not cause the building to skyline and if it does, a mitigation plan will be submitted to come into effect within 3-5 years.  
The following CONDITIONS:
1)      The sewer line to be installed through the area of trees involved will be designed to not impact any other remaining trees.
2)      Removing trees #5-6 and #3 shall not result in the skylining of building #12. If building #12 does skyline, the developer shall prepare a mitigation plan for approval by the Board. Said mitigation plan will be required unless normal vegetative growth eliminates the skylining within three years.
 
Mrs. Brititn seconded the motion with Mrs. Brittin, Mr. Izzo, Jones, Pineles and Altadonna voting in favor. Mr. Teffner not present.
 
7:50
Project #:           3121
Owner:               Percy, Paul
Tax Parcel #:     11-114.010
Location:            Elizabeths Lane
Project:               Proposal for a three (3) lot subdivision            
Zone:                  RR-2
Paul Percy present and explained the proposed subdivision as being a parcel of land off Rte 100 north, proposing lot # 1 as 2.93 acres, currently with a mobile home located there, and lot # 2 as 2.15 acres with a single family dwelling being proposed in the RR 2 zoning district. Lot # 3, the remaining 7.07-acre lot is not proposed for development without further review by the Board. The area was a previous subdivision of 7 lots approved by the state before Act 250. Mr. Percy stated he is trying to clean up the lot lines, thus a new subdivision plat. Sec. 5.1 of the Subdivision regulations was reviewed. Mr. Percy will be keeping a r.o.w from Rte 100 through the property. The property is on Village of Morrisville power; no street lighting is being proposed. There are no reserved strips. No plan is being submitted for future development although he plans to give the two lots to his nephews. A motion was made by Mr. Izzo and seconded by Mrs. Brittin to approve the application, with Mrs. Brittin voting in favor as did Mr. Izzo, Pineles, Altadonna and Jones. Mr. Teffner absent. CONDITIONS: 
1)      Any change to the plans or the proposed use of the property shall be brought to the Zoning Administrator’s attention, prior to its enactment, for a determination if an amendment is required.
2)      Before the plan is recorded, the applicant shall secure an updated Vermont State Driveway Permit, if required, due to the increased traffic flow for Elizabeth Lane.
3)      The recorded plan shall indicate that no development can occur on lot 3 without further review and approval of the Board.
4)      The recorded plan shall indicate the building area for lot 1 and lot 2 as the RR-2 setbacks.
5)      The applicant shall include in the deeds for Lot 1 and Lot 2 that maintenance costs shall be shared by all developed properties abutting Elizabeth Lane.
6)      Before the plan is recorded, the applicant shall submit a maintenance agreement executed by all owners of developed properties abutting Elizabeth Lane reflecting the current verbal maintenance agreement.
8:40
Project #:           3336
Owners:             Lipsky, Jed & Annika
Tax Parcel #:     7A-132.000
Location:            123 Mountain Road
Project:             Final Subdivision Plan for River Club Development
Zone:                VC-30/SHOD
Present was Darrow Mansfield representing the applicant who stated that in 2005 a pre-plat approval was received for the RiverClub Development (Inn at Little River). An appeal was filed which stayed the running of the 180-day clock. Mr. Mansfield stated the litigation and appeal have been settled and nothing has changed from the original approval (3/06) and went on to present responses to the original conditions specified in S-05-28. Condition # 2 – acreage for the proposed clusters submitted; Condition #3 – Landscaping Plan – a landscaping plan has been submitted; Condition # 4 – Erosion Control Plans – an erosion control plan submitted; Condition #5 – Association Bylaws – bylaws are currently being drafted and Mr. Darrow asked this be carried forward for review at the time the final plat is reviewed; Condition # 6 – Stormwater Permit – materials submitted; Condition # 7, a letter dated 12/23/05 from the Stowe Fire Department submitted; Mr. Altadonna left the meeting at 8:45 The development agreement has been recorded in the Town records stated Mr. Mansfield. Mr. Pineles asked Mr. Mansfield if the judgement has been written by the judge and if not, is there anything in it which would affect any approval. Mr. Mansfield stated it was settled and they are awaiting the dismissal. Mr. Baker stated that the abutter, Hal Stevens, is now a part of the development per the court. Mr. Pineles moved to draft Findings of Fact and Conclusions of Law stating all conditions of the preliminary have been met with the exception of condition # 5 which bylaws will be submitted prior to the final plat being filed. Mrs. Brittin seconded the motion with all in favor except Mr.Teffner who was not present.
 
Because of electrical demands, the applicant has developed (and submitted) a development phasing plan outlining 7 phases. Pursuant to an electrical demand analysis done by Pearson & Associates, the applicant has determined that phases 1, 2, 3 and 4 of the project can be constructed with no change in the current electrical demand. Accordingly, the applicant requested that BA 7A-132-4 be revised to allow construction per the submitted phasing plan. However, the plan as submitted was confusing and Mr. Mansfield could not provide an adequate explanation. The Board determined that this could be handled as a minor amendment, with a revised phasing plan submitted to the Zoning Administrator.
 
Maggie Fitzgerald in the audience and owner of one of the existing condo units, stated there has not been a lot of communication with the owners and asked that the Lipsky’s be up front with what is going to take place with the construction phase. Mr. Mansfield stated for the record, the condo owners will be kept informed. 
 
Zoning Administrator’s report:
Mr. Baker reported that Butternut Commons has requested the use of an apartment as an office. The Board felt that this could be treated as a minor alteration to an existing conditional use.
 
There being no further business to come before the Board, the meeting adjourned at 9:15 P.M.
 
Respectfully submitted,
 
 
Barbara S. Allaire  
















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