Development Review Board

                                                     Town of Stowe

                                                       April 1, 2008

The regular meeting of the Development Review Board was held Tuesday, April 1, 2008 in the Banquet Room in the Akleley Memorial Building starting at 5:00 P.M.

Members present: Larry Jones, Susan Brittin, Donald Ramos, Ed Izzo, Charles Lusk and Brian Leven (5:30). The Board has a vacancy.

Others present: Rick Baker, Zoning Director and those listed in the minutes book.

Project #:       3686

Owner(s):       Duquette, Donald & Wendelyn

Location:         600 South Main Street

Project:           Modification of project # 3654 by adding a shed roof over the rear entrance.

This project was present by Don Duquette, who stated he is proposing to put a shed roof on the rear of the building instead of the shed dormer approved, which change will alleviate the snow problem from going onto the neighbors property. A letter from Stowe Historic Preservation Commission dated 2-28-08 recommending approval had been received. Lighting was reviewed and found to be existing plus a new one which was approved. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project 3696 as an amendment and per letter from SHPC, seconded by Mr. Lusk with all in favor. 

Project #:         3685

Owner(s):         Duquette, Donald & Wendelyn

Location:           383 Moscow Road

Project:             Change the use of the Pottery Studio/sales to store and deli and renovate building. RECESSED from 3/18/08.

Present for the hearing were Norm Benoit the applicant and Don Duquette, owner of the property. The location is 383 Moscow Road. The issues from the previous hearing were (1) landscaping plan and (2) flood elevation certification. Basement is at an elevation of 640 feet and is vacant, and the first floor is at 647 feet, which is where the proposed retail space will be located. This information satisfies the requirement of the Zoning regs, which states that all interior improvements will be above the flood elevation. Landscaping: Mr. Benoit had a new plan showing a group of trees replacing those presently on the property, but smaller, i.e. 2” caliper, 10’ tall maple tress which will be in the center with plantings around the exterior. Mr. Lusk suggested the trees be put back from the road a minimum of 10’ off the road so salt does not destroy the trees (Mr. Benoit suggested they could be planted further back). A small group of plantings will be placed at the entrance to the property. Plans are for a hedge to be planted surrounding the air conditioners at the north end of the building. There are now exhaust fans on the plans, which will need to be reviewed by the SHPC. Discussion took place with the members asking that the noise level of the exhaust fans and condensing units be evaluated for the dba levels (45 dba’s have been approved by the Board in other projects). It was recommend Mr. Benoit work with Mr. Baker about the permitted noise level. Parking was reviewed and Mr. Izzo questioned the stacked parking stating that Sec. 22.5(2) does not allow for cars to back onto a public highway when exiting a parking lot. Mr. Izzo did not think there was a need in the parking plan for those stacked spaces next to the road as there is adequate space. Mr. Duquette stated the parking plan has operated adequately since the early 70’s but said he would review it again. 14 spaces are required and 17 spaces have been provided. Hours of operation: 6:00 A.M. – 8:00 P.M. 7 days a week is the proposal per Mr. Benoit. Mrs. Brittin moved to RECESS to APRIL 15, 2008 in order that the applicant can review the noise issue, address the parking, and have SHPC review the exhaust and air conditioning systems. Mr. Ramos seconded with all in favor.           

Project #:           3673

Owner(s)            Adirondack Properties LLC

Tax Parcel #:      7-104.000

Location:            Brush Hill Road off Rte 100 north

Project:               Nine (9) lot Planned Residential Development RECESSED 3/11/08

Zone:                  RR 2/RR 5/RHOD

Present were property owner Gerry Scott and Engineer/Surveyor Bill Kules. Mr. Kules stated since the previous hearing on 3/11/08 he had re-engineered the intersection of the property with Brush Hill Road, finding they can flatten out the grade which will now be at 2% for 75’; 8% grade for 177’; a small area at 5% across a brook and a section of 16% at the top. The angle of entry at Brush Hill is about 75 degree but it could be revised do a 90 degree if the Board wishes, stated Mr. Kules. Cross sections were reviewed by the members. Wherever there is a one-on-one slope, a retaining wall/slope stabilizer system will be installed. At the worst section of the road, retaining walls will be on both sides. Mr. Kules stated they have tried to keep everything in a 50’ r.o.w., with the worst case scenerio for clearing along the road being 80’ wide. Mr. Rabidoux, Public Works Director, has given a letter of approval of the curb cut, although mentioned the site distance coming down Brush Hill Road. Re: the Fire Department, reference was made to their original letter stating concerns to include a fire pond, 2400 s.f. turn-around near the last home site, and the driveways have a minimum 24’ turning radius. Mr. Jones stated the letter was based on the plans previously submitted, and he was hoping someone from the Fire Department would go to the site and take a look. Mr. Kules provided a letter of recommendation for access road and the Fire Department was agreeable to the first plans. Mr. Jones referred to the RHOD regs which stated the average grade shall not exceeds 12%, and steeper grades are acceptable provided adequate access is ensured for fire and rescue vehicles. Mr. Kules said the average grade is unknown at this time. Mr. Jones was concerned about giving access to emergency vehicles. Mr. Baker stated this is a Preliminary review and Mr. Jones asked that the FD review these plans. Mr. Jones suggested there will be a substantial amount of excess dirt moved and removed, and Mr. Kules proposed to plant trees along the road where possible as well as on the one-on-one slopes. Mr. Kules stated they are cutting even wider than he wanted to but in order to get drainage it is necessary. tape 1 side 2 Mr. Lusk asked about the material that is to be taken out of the cellar holes and whether adequate space exists within the clearing zones. He said if those shown are “gospel” they are unreal and that will be addressed when a purchaser comes before the Board to build a house. The location of the site is on the plan but some clearing will be done for a prospective purchaser. Any change will have to come before the Board. Mr. Lusk reiterated his concern and needed to know more specifics as he said a potential builder could come to the Board and be turned down if there is not adequate space (Sec. 5.1(10)) referred to. Once the subdivision application is approved, what shows on the plans is locked in. Mr. Leven asked about the existing cleared area. The house site has been moved to allow for the clearing to remain since it is in front of the Roberts’ house. The Board was asked to waive the double setback on lot 7. Mr. Roberts, abutter and in the audience, suggested the only restrictions on the house site will be no additional clearing will be allowed and said now that two lots have been combined, the house site is located and part is already cleared. His question was, what is to prevent someone from moving the house back into the already cleared area. (Mr. Izzo stated that will not happen as there is a designated house site). Mr. Kules stated they are showing a 20-30’ buffer between the existing clearing and a new house and if that were to be changed, they would have to return to the Board. Mr. Jones said a property owner could request an amendment to change the house site, but that does require review. Mr. Roberts said it is now a 4-acre lot, which was originally a 2 acre lot. Mr. Baker reiterated any purchaser could not go beyond the limits of clearing unless coming back to the Board. The initial threshold has been established for the cut zones. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law with the following CONDITIONS:

(1)   Any change lf 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 plan legend shall be changed to read “Limits of clearing” on the final plat.

(3)   The final plan submission shall indicate the average grade of the private road.

(4)   The final plan shall indicate the treatment to be used for the cut slope areas

(5)   A registered engineer shall certify that the private road has been built to A-21 standards before any “Certificate of Occupancy” is issued for development and noted on the recorded plat. 

(6)   All other conditions required in any subdivision approval and recorded on the plat.

Mr. Izzo seconded the motion with Mrs. Brittin, Mr. Izzo, Ramos, Leven, Jones, and Lusk voting in favor. No one voted against. The Board has one vacancy.

Owner:                 Brackenbury Place LLC

Tax Parcel #:        7-263.010

Location:              645 South Main Street

Project:                 Change of use from office to restaurant

Zone:                     LVC/SHOD 

Present: Dean Economou and Jack Pickett. Mr. Picket was present, seeking to convert office space to a 60-seat restaurant in the former Brackenbury residence. Mr. Pickett stated the only external change is an exhaust stack located on the rear of the building. In a letter dated 3/26/08, the SHPC recommended approval with the condition that the exhaust system be at the least possible height. Mr. Picket stated the least possible height needs to be 4 feet from the roof. Plans are to use two floors of the building with restrooms located in the basement (ADA accessible with an elevator) and the first floor the restaurant/kitchen. Mr. Picket stated the only visibility of the stack would be for a limited time going south on Rte 100. Conditional Use Review Sec. 4.7: Plans require additional sewage allocation, which is available. Hours of serving dinner to be 5:00 P.M. to 10:00 P.M. 7-days a week. It was stated other shops/offices will be closing by 6:00 and Mr. Jones felt there will be little overlap with the restaurant operation. Parking: plan was reviewed and shows 8 dedicated parking spaces and the applicant is asking that 24 spaces be shared. There are 14 new spaces at the rear of the Russell house. Sec. 22.3(c) stated that parking requirement, in the case of multiple uses, may be reduced by the DRB. ADA parking has been provided and shown on the plan, which includes a ramp coming into the building. The Board was comfortable in saying the parking plan as submitted is adequate. Sec. 4: reviewed. There will be no live music, stated Mr. Pickett. The Board addressed the compressor which will be required and Mr. Picket stated the compressors are inside the building and a self contained unit. Members felt they needed to know the level of noise generated by the exhaust system, with the closest residence being the motel. Mr. Economou stated the lighting plan for the complex was previously approved and there are no changes being planned. No changes to the driveway proposed. All the property is currently under common ownership. No change in the landscaping and screening. Mr. Izzo suggested to Mr. Picket that he do anything he can to detract attention from the stack. tape 2 side 1 Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law acknowledging the recommendations of the SHPC and 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 decibels for the exhaust fan to be placed on the exterior shall not exceed 45 at the closest property line.

(3)   The restaurant will not be open to the public until after 5:00 P.M. 

Mr. Izzo seconded the motion with Mrs. Brittin, Mr. Izzo, Leven, Ramos, Lusk and Jones voting in favor. No one voted against.

The Board discussed whether to cancel the first meeting in May and determined they will decide this later via e-mail.

There being no further business to come before the Board, the meeting adjourned at 7:00 P.M.  

                                        Development Review Board

                                                Town of Stowe

                                                April 15, 2008

The regular meeting of the Development Review Board was held Tuesday, April 15, 2008 starting at 5:00 P.M. in the Banquet Room in the Akeley Memorial Building.

Members present: Larry Jones, Susan Brittin, Don Ramos and Brian Leven. Charles Lusk arrived at 6:00 and there remains a vacancy on the Board.

Project #:      3685

Owner:          Duquette, Donald & Wendelyn

Location:       383 Moscow Road

Project:          Change of use from Pottery studio to store and deli (Recessed from 4/1/08)

Present for the hearing was Norm Benoit . The focus of this hearing was the exhaust system and a revised parking plan. A letter dated 4-10-08 from Stowe Historic Preservation Commission has been received recommending approval of the installation of the exhaust system. The revised parking plan provides an additional space above what is required. There will be concrete bumpers installed to encourage diagonal parking in the 3 spaces on the Adams Mill Road side. Members comfortable with the proposed landscaping plan on the plan submitted 4-15-08. Mr. Benoit stated plans are to plant a cedar hedge around the AC unit. Lighting was discussed. Plans are there will be 2 post lights in the large parking lot and 1 light on the building. Mr. Izzo stated the source of the light on the building should not be seen and suggested a different type of fixture be provided. Mr. Benoit agreed and will return a new cut sheet to Zoning Administrator. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project 3685 and based on the two letters of recommendation from the SHPC and the acceptance of the landscaping plan provided 4-4-08 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)   Noise level shall be no more than 45 decibels at the property line.

Mr. Ramos seconded the motion with all members in favor. Mr. Lusk not present. One vacancy.

Owners:      Shinners, Arthur and Gail

Location:         238 Taber Ridge Road

Project:            New entry porch, alteration of mudroom and garage within the RHOD

Sam Scofield present to describe the project and stated only one small corner of the building where the construction will take place is within the RHOD. He testified, as did Mr. Baker, that the project will not be seen from any public vantage point. Mr. Scofield stated there is no clearing planned, as they will only be rebuilding the garage and porch. Members agreed to consider the scale as being minor. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law for project #: 3697, classifying it a minor inside the RHOD and 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 determine if an amendment shall be required.

Mr. Ramos seconded the motion with all in favor. Mr. Lusk not present.

Project #:       3694

Owner(s):       Sargent, Nick & Ashley

Location:        1728 Stowe Hollow Road

Project:          Window and door changes on façade of historic structure

Present for the hearing was Sam Scofield. Property is the former Carroll Lang property. A letter from the SHPC dated 4-10-08 had been submitted recommending approval with the condition that the skylights be relocated to the north elevation. Existing front door on the south side is being moved slightly, adding windows on each side. The new windows will be simulated divided lights and similar in style to the existing windows. Mr. Jones referenced Sec. 17.12 (1) D) which states skylights shall not be placed on roofs immediately visible from a public street or road. Mr. Scofield stated they could be put on the north side of the building. Mr. Ramos moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: 3694, incorporating the recommendations and conditions of the SHPC re: the skylights. Mrs. Brittin seconded the motion with all members in favor except Mr. Lusk who was not present.  

Project #:        3698

Owner:            Spera, Pall (under contract to Kevin Chambers)

Location:         174 School Street

Project:            Minor changes in configuration of windows.

Zone:                VR20/SHOD   

Mr. Jones stated a letter of recommendation from the SHPC dated 3/27/08 was received which included conditions and recommendations. Mr. Chambers was present and stated his plan is to remove one window on the east side and one window on the ground floor of the west side of building and replace with 4 awning windows, two on the front and two on the rear of the house. The Commission recommended using the existing openings and any windows to be replaced will be two-wide, one-high, simulated divided light. The existing porches will not be altered or removed. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project # 3698. The Board agrees that condition # 4 of the SHPC is not within their jurisdiction, but recommends the same as the SHPC. Mr. Izzo seconded the motion with all in favor except Mr. Lusk who was not present.

(1)   Any change to the plans or theporposed use of the property shall be brought to the attention of the Zoning Administrator, prior toits enactment, for a determination if an amendment shall be required.

Project #:       3695

Location:        1799 Mountain Road

Project:          Amend parking arrangements for Stowe Farmer Market.

Present was Helm Notterman from the Farmers Market. An approval in Project 3288 dated February 13, 2007 requires updated parking agreements for the 2008 season to be submitted to the Zoning Administrator before the start of the 2008 season. Off-site parking had previously been proposed at Mud City Adventures (adjacent to the east). The applicant cannot secure a parking agreement with Mud City Adventures and proposes instead to have parking at 108 West Center and the Jewish Community of Greater Stowe Center (JCOGS). There are 40 vendors, of which 15 park on the green. In a letter dated 3/15/08, Nancy Bennum, owner of the 108 West Shops gives permission for the Farmers Market to use their parking during the 2008 season on Sundays, from May through October from 10:30 A.M. to 3:00 P.M. for vendors only. Marion Baraw, Manager of the Red Barn Shops (68 spaces) wrote a letter dated 3/10/08 giving permission for parking at those shops. An e-mail dated 3/23/08 from Richard Jacobs, President of the Board of Directors of the Jewish Community of Greater Stowe was submitted agreeing to the use of their parking lot, the same hours throughout the 2008 season. Mr. Notterman agreed to provide signage on the day of the market and removed the same day showing the parking at JCOGS. Mrs. Brittin expressed a concern for people crossing Rte 108, but members felt cars do slow down because of the Farmers Market. Mr. Jones felt people are aware of the Farmers Market being in that location during the summer. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: 3695 tape 1 side 2 amending the previous approval and with all the previous conditions.Additional directional signage shall be used to assist market customers locate the JCOGS parking. Mr. Izzo seconded the motion with all members present voting in favor. One vacancy remains on the Board.

Zoning Director: Mr. Baker told members that the Sun & Ski landscaping plan would be in front of the Board on May 20^th. He suggested a site visit, which will take place at 4:15 P.M. on that day. Mr. Baker will mail to members the approved landscaping plan as well as the previous minutes.

The Day Care at Stowe Center wishes to extend their area into what was a retail space. Members felt it should come before the Board because of the possible parking and traffic.

There being no further business to come before the Board, the meeting adjourned at 6:10 P.M.