Town of Stowe

                                         Development Review Board

                                                 December 18, 2007

 

The regular meeting of the Development Review Board was held Tuesday, December 18, 2007 in the Banquet Room in the Akeley Memorial Building starting at 5:00 P.M.

 

Members present: Larry Jones, Dean Pineles (6:45) , Ted Teffner, Brian Leven, Susan Brittin, Don Ramos (7:15) and Ed Izzo. Also present: Rich Baker, Zoning Director and those listed in the minutes book. 

 

Project:           Create transfer of Development Rights (RECESSED from 11/27)

Mr. Teffner moved to RECESS to JANUARY 8, 2008 at the applicant’s request for a legal decision. Mrs. Brittin seconded the motion with those present in favor.

 

Project:           Covert an 8-unit motel to multi-family dwelling units (RECESSED from 11/27)

Mr. Michelson present. The Board reviewed the Conditional Use criteria at the previous meeting and left Mr. Mickelson, as a result of the review, to bring back additional information. He stated he will plant 3 white pines, a minimum of 8’ tall and 4” in diameter in front of the existing building facing Rte 100. Plans have been provided for a handicap space # 11; plans are for 6 12’ high lamp posts with recessed lighting under the front porch, landscaping lights on 4x 4 posts (approximately waist high) and lights which are presently on some of the trees; a stockade fence (the height of the dumpster) or plantings will go around the dumpster. Mr. Mickelson had put the height of the buildings on the plans as requested which will conform to the regulations. Mr. Michelson did not know if there will be air conditioning in the building and if he chooses to do so, will need to return to the Board. Plans are to do the driveway and infrastructure year # 1; year # 2 building # 2 and year 3 complete the project. Phasing Plan was discussed as it pertains to the permits. Both lots will have to be kept in the same ownership until the motel is removed. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project # 3538 with the following CONDITIONS: 

(1)    Any change in 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)    A three (3) year time period from the date of approval given to obtain all Zoning permits.

(3)    All state permits must be obtained and all previous proposed conditions fulfilled.

   (4) Cut sheets showing the location and the amount of illumination shall be submitted                   

          to the Zoning Administrator for the record.

Mr. Izzo seconded the motion with Mrs. Brittin, Mr. Izzo, Teffner, Leven and Jones voting in favor. Mr. Pineles and Ramos were not present at this time.

Project:         Addition of a second deck (RECEESED from 11/6/07)

Mr. Fishman was present and explained the proposal to add a deck and stairs to the commercial building, which is within the 50-foot watercourse setback. There presently is a section of porch at ground level (which will be rebuilt) and extended and wrapped around the building and a second deck added to the upper level, connected by a new stair landing. Building is non-complying but the noncompliance will not be increased more than the 50% allowed. Discussion followed re: the setback from the property line (which is likely the centerline of the river). The decks will be used to gain access to the different floors of the building. A metal shed roof will be added over one deck as will new railings be added. Sec. 4.7 reviewed and found not to have a negative impact. The SHOD letter dated 12/13/07 and giving approval was submitted into the record There are no plans for additional exterior lighting stated Mr. Fishman. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: 3502 incorporating the letter dated 12/13/07 of the SHOD with the following CONDITION:

   (1) Any change in 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.

Mr. Teffner seconded the motion with Mrs. Brittin, Mr. Izzo, Jones, Teffner , Leven and Izzo voting in favor. Mr. Ramos and Pineles were not yet present at the meeting.

Project:           Demolish and reconstruct Jackson Arena

Present were: Rolf Keilman, Architect; Kevin Wordon and Paul Boisvert, Engineering Ventures; Don Peet; Paul Stewart consultant and design engineer; Justin Rabidoux (for the Town); and Leo Clark. tape I side 2 Mr. Jones explained this is a municipal project so the Board’s review is limited to Sec. 4413 and read such. Mr. Keilman explained the footprint would be 36,000 s.f. essentially in the same location as the existing rink. Colors are chocolate brown insulated metal panels with red clad sash windows. Average height to be 30’9” at mid level of the roof. (using the least restrictive in the Vil PUD) Sec. 19.7(8) building conforms to setbacks. Parking: Off street parking: total of 210 spaces, not changing the lower level parking area.(Board will need to waive the parking requirement if they choose) There could be 62 spaces provided in the rear next to the storage barn. 780 bleacher seats. Mr.Izzo stated the Board needs to be concerned with parking and circulation in the area saying if this project is going to be used for many things in the future and advertised as such accommodations need to be made for parking. Mr. Rabidoux said the primary use of the rink will be for hockey and a game could have 250 fans. Mr.Boisvert said there will be different groups using the facility, satellite parking could be used. Mr. Izzo stated the facility will be an attraction and the parking cannot be left as is. Mr. Boisvert said parking will be addressed at the groups meetings. Mr. Teffner stated in the past the Board has allowed for reserve spaces, which could be implemented if needed (talking about the 62 spaces which could still be used if it did not interfere) . Mr.Rabidoux stated that would be doable and a welcome condition. Traffic flow: the lot does not change, area for bus parking is provided; an island will be constructed in the upper lot to help with circulation and some traffic will be in the rear for functional things taking place. Busses would drop off the players in the rear and exit and park away from the arena. There is a space for one bus parking. Bylaws in Effect: setbacks, parking and circulation were discussed. Noise: it was stated the noise impact could be less than current conditions. Driveway access and Pedestrian access: shared access with the elementary school, a walkway around the public portion of the building with handicap parking and several exit doors. Stairs are planned to the lower parking lot. Landscaping: The landscaping architect was not present but the Board was assured the committee has one. White pines will shield the retaining wall (caliper and dimension were explained), the island will be planted. Lighting: Mr. Boisvert explained the lighting plan as having 16’ mounted poles around the parking lot with 50 watt metal halide lamps; recessed and/or down lighting on the building. Need cut sheets. When asked if lighting will be put in the lower parking lot the answer was no, it is not being proposed (Mr. Rabidoux said the issue has not been brought to their attention). Ken Biedermann in the audience and an abutting landowner asked to make comments i.e. (1) stated he is a big supporter and wants it to go forward but there will be a residential development in the future, we know there will be noise, but compressors will be cycling off and on all night and asked for some assurance that the noise will not be heard at the property line. Mr. Pineles arrived at 6:45 Mr. Teffner stated in the past the Board has made provision for a professional stating that noise could not be heard at the property line (did this with Green Mt Inn and Topnotch projects) Mr. Boisvert stated the technology of the cooling towers is very advanced and run on a 3 hp motor and the compressors will be used less time (will provide documentation on this). tape 2 side 1 Mr. Izzo felt the Board should be consistent in what they have done with other projects. Mr. Rabidoux asked where the noise level will be measured and was the dba’s at the property line. (2) Mr. Biedermann stated he felt the design is disrespectful to the village based on what others have done in the village, metal siding etc. He said he has raised the issue before and will take it to the Selectboard and to Act 250. (3) he felt the building should not be hidden away, should be a positive attraction to the village and seen by the people. Mr. Biedermann stated he did not see how the Board could approve the project until there is a change in traffic and circulation. It is a nightmare at this point and needs to be addressed. He felt it inconceivable it has not been addressed, noting that at a full capacity of 2,000 emergency vehicles could not get to the building. Mr. Jones stated it is a legitimate concern and a valid point. (Mr. Biedermann stated this goes back to when the elementary school was built and was supposed to have been remedied years ago). He said the wetlands issue on his property has to be addressed and can be, so that a road off Depot street could be built. Kevin Worden stated within the scope of the project they have allowed for the connection to Depot Street. Mr. Rabidoux stated the town is in the process of doing a traffic study re: traffic and the design have been taken to the Selectboard and were approved. Mr. Rabidoux told Mr. Biedermann the sewer issues are being fixed 100% with this project. After being told there is a traffic study being done, Mr. Izzo moved to RECESS to JANUARY 22, 2008, seconded by Mrs. Brittin with Mrs. Brittin, Mr. Jones, Izzo, Teffner, Pineles and Leven voing to recess. Mr. Ramos not yet present.      

 

 

Project:           Driveway configuration changes for Lots 4 & 5

Don Ramos arrived to the meeting. Present was Paul Reed representing the owner and said there are grade issues with the proposed driveway, so they are seeking to move the road into a tiny portion (50’ x 35’) section of the no cut area. There has been no cutting done in the old road but there has been tree cutting as was allowed, mostly second growth (a summary has been submitted) . Mr. Reed stated plans to move the driveway will require the cutting of 5-6 additional trees. The driveway on Lot # 5 has been slightly changed so blasting will not have to take place. Mr. Reed told members they are trying to minimize any impacts of the project. Mr. Baker said the road has to be built to A 21 standards. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project # 3648 with the following CONDITIONS:

   (1) Any change in 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) Certification required stating the road was built to A 21 standards.

(4)    All conditions of the previous approvals (projects # 3413 & 3469) shall remain in force.

(5)    The plan needs to be modified showing the driveway change and the 180 days starts from this decision.  

Mr. Teffner seconded with all members in favor.

Project:            Request to continue use of yurt for 2008- Mud City Adventures

(RECESSED from 11/27/07) Ms. Collangili present and gave the history of Mud City Adventures, and after three years came to the Board for approval to do business at the present location. She was asking for a permanent approval for the yurt and was denied. She then asked for a one-year approval and the permit expired 12/12/06 and the lease is about to expire. (project 3175 dated 12/12/06). Mr. Jones referred to item # 10 re: landscaping. which the only issue that is currently under review. Mr. Leven asked the Board if they wished him to abstain since his father-in-law owns the property. Mr. Leven felt he had no conflict and the Board agreed since he does not have a direct interest in the property. Mr. Jones said he thought fill was to be brought in and trees were going to be planted in that. Ms. Collangili said 3 loads of fill were brought in and white pines were planted (as approved by Mr. Baker since spruce were not available). Mr. Jones felt the area was going to be elevated more and the plantings are not screening like he felt they would. Mr. Teffner said the first year the use was in place the landscaping needed to have the effect the Board was after and it didn’t—it does not work now and will not work in 2009, the trees do not have a chance in the foreseeable future they are so small and spindly. Ms. Collangeli disagreed saying people do not see the yurt. Mr. Jones said the landscaping has done nothing to mitigate the view from Cape Cod Road according to his expectations. Mr. Pineles said he has gone by many times, both on Rte 108 and the Rec Path and has not been offended by the yurt (he was not present when the decision was made so did not participate in the landscaping discussion). He did feel the yurt is not all that intrusive. Ms. Collangeli felt that when she did the landscaping, she felt she had completed her requirements. tape 2 side 2 She said the community is interested in the yurt. Mr. Jones said the only thing in front of the Board is whether or not the landscaping is sufficient. Ms. Collangeli said she was willing to provide more landscaping but would like approval with that condition. Mr. Izzo referred to Picaasso’s greenbelt and the size and quality of trees which were used. Mr. Ramos said he did not have a problem with the yurt or the landscaping. Mr. Pineles referred to other approvals in the area and Mr. Teffner said that in his opinion the yurt has a negative effect on the character of the area, the shape and use. If it is going to be there it has to be heavily screened. Mr. Izzo said the trees are so small they do nothing. Mr. Leven felt that Ms. Collangeli has done what the Board asked of her. Members continued with comments and discussion. Mrs. Brittin moved to RECESS to JANUARY 8, 2008 in order that members can drive by and observe the property more. Mr. Pineles seconded the motion with all members in favor.

 

Respectfully submitted,

 

 

Barbara S. Allaire