Development Review Board

                                                     May 6, 2008

The regular meeting of the Stowe Development Review Board was held Tuesday, May 6, 2008 in the Banquet Room in the Akeley Memorial Building starting at 5:00 P.M.

Members present: Charles Lusk, Ed Izzo, Don Ramos and Brian Leven.

First order of business was to nominate an acting Chairman to transact business. Mr. Leven nominated Charles Lusk to chair the meeting, seconded by Mr. Izzo with all in favor, except Mr. Lusk who abstained.

Project #:       3703

Owner(s)        Leveille, Alexander & Brenda Convery

Location:        539 Moscow Road

Project:          Addition of a window and demolition of attached garage

Zone:              MC

Present was Mr. Leveille who stated he has a letter of project recommendation dated 4/10/08 from the Stowe Historic Preservation Commission with the condition that the window be locate directly underneath the front second floor window or centered between the existing second floor windows. Mr. Leveille stated the new window on the west elevation will be directly under the existing window on the second floor (this window is required by the fire code). Mr. Leveille stated the attached garage was never a part of the store and has become dangerous, and should be removed. Pictures were distributed showing the inside. Plans are to change the first floor of the building to apartments. There was discussion among members that when the garage is removed the original clapboard siding will be exposed. This will be a different color than the rest of the building, which is vinyl siding. Mr. Leveille said he has no intention of painting at this time. He said he hopes to replace all the siding at some point. A small existing old window will be seen. There will be a small shed roof with a pitch coming out over the door. This area will be for a parking lot. Mr. Leveille stated there will be no new exterior lighting on the building. Mr. Izzo moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law re: project # 3703 and incorporated the recommendation of the SHPC and 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.   

Mr. Ramos seconded the motion with Mr. Ramos, Izzo, Leven and Lusk voting in favor. Mrs. Britton and Mr. Jones were not present. There is one vacancy on the Board.   

Project:          3710

Owner:          Orio, Albert

Location:        910 Brook Road Covered Bridge Condo Unit # 1

Project:           Construct a 10’ x 10’ dormer addition to the master bedroom 

Mr. Brgant, builder, was present and representing the owner. The project is the construction of a dormer off the master bedroom on the second floor. As one drives up Brook Road, the unit is the first on the right. Mr. Brgant said the only thing that can be seen from the project location is the tennis court at TN, and he added that this unit is less visible than the other units. The dormer will not extend above the existing roofline but will include a window. Mr. Baker said one can see Mt. Road. Mr. Izzo stated the members have to be concerned with the view shed and it wasn’t clear just what can be seen. Mr. Leven asked what the adverse impact could be and Mr. Izzo said it could be the glass. Mr. Lusk told Mr. Brgant that there would have to be an affirmative vote of the 4 members present if he were to get approval. Mr. Izzo moved to have individual site visits and RECESS to 5-20-08. Mr. Ramos seconded the motion with all in attendance in favor. Mr. Lusk urged Mr. Baker to work with the applicant in order to obtain more accurate information/diagrams, prior to the members who are absent do their site visit.  

Owner(s):       Andrus, James & Marcy

Location:        Next to 515 White Gates Lane

Project:           Construct a single family dwelling in the RHOD

Mr. & Mrs Andrus were present and explained the location as looking at Round Top, above Edson Hill Manor and abutting Robinson Springs. The only house near is a relative who owned the two lots. Earth tone colors (grey) wood siding with asphalt black/grey shingles are planned. The only exterior lighting is a down-lit fixture. They intend to clear and area approximately 75’ from the house, with no clearing towards RS. Location of house will be lowered to have a flat area and the house will be on a slab. Mr. Andrus stated there is no public vantage point and Mr. Baker agreed. Mr. Andrus stated they are very aware of the rules in the RHOD and have tried to accommodate the rules. tape 1 side 2 A new site plan showing the limits of clearing will be submitted. After discussion, Mr. Izzo moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law, classifying the project # 3709 as a minor application and approving the project according to plans # 081108. Mr. Ramos seconded the motion with all those present in favor. Mrs. Brittin and Mr. Jones were absent. 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.

Project#:         3706

Owner:            Stowe Area Association

Location:         51 Main Street

Project:           Various façade changes

Present for the hearing was Ed Stahl, Executive Director of Stowe Area Association, who described the changes. Plans are to expand the existing office into what was the Stowe Travel Office (from 600 to 1600 s.f.). He referred to plans dated 3-13-08 and drawn by SRD (Silver Ridge Design) for changes. A new window will be replacing the existing door at the entrance of the Stowe Travel office with another double door the width of the existing steps to Stowe Area. On the side towards the Memorial building, the one deck by the stairs will remain but redone, a new entrance will be built, stairs will be redesigned and the second deck will be rebuilt and extended, with both decks being covered with a four-foot overhang. Paul Trudell, Architect, arrived at 6:10 P.M. The side facing the bank will have a new window and a new railing, which will wrap around to the rear. Mr. Baker stated the existing step/stairway is on town property and the process has been initiated to obtain an easement. No new external lighting is planned. Mr. Izzo felt the existing/relocated lighting should be on the plan. Mr. Lusk stated it appears the new roof looks like it is extended out over the deck and Mr. Izzo said the degree of non-compliance cannot be expanded. The deck is 42” wide and the overhang would be out 51”. Mr. Baker said he brought up the issue of the overhang coming out closer to the driveway and possible runoff and Mr. Rabidoux, Director of Public Works, said it would not be an issue. Mr. Izzo moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law in support of project # 3706, incorporating the recommendation of the SHPC, 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)   An easement shall be obtained from the town for the encroaching area of the decks. 

Mr. Ramos seconded the motion with Mr. Lusk, Izzo, Ramos and Leven voting in favor. Mrs. Brittin and Mr. Jones were not present. 

St John’s Church needs to change their parking lot and wishes to remove the island. Since Mr. Izzo was the only one on the Board at that time and stated their was an issue with drainage, members agreed it needs to come back for a warned hearing.

There being no further business to come before the Board, the meeting adjourned at 6:30 P.M.

                                          Development Review Board

                                                     May 20, 208

The regular meeting of the Stowe Development Review Board was held Tuesday, May 20, 2008 in the Banquet Room in the Akeley Memorial Building starting at 5:10 P.M.

Members present: Ed Izzo, Susan Brittin, Brian Leven, Don Ramos, Larry Jones and Charles Lusk. One vacancy remains on the Board. Others present: Rich Baker, Zoning Director and those listed in the minutes book.

Project #:        3723

Owner:            Diender, Michael & Debra

Location:         1613 Mountain Road

Project:            Review of landscaping maintenance and changes (Site walk at 4:15)

A site visit with all members present was held at 4:15 P.M. this date. Mr. Baker and Mr. Diender were also present.. The applicant requested a postponement to June 3^rd in order that he be allowed to work with Mr. Baker and submit an amended landscaping plan. Mr. Izzo moved to POSTPONE to 6.3.08, seconded by Mrs. Brittin with all members in favor.  

Project#:          3710

Owner:            Oriole, Albert

Tax Parcel #:   11-254.000

Location:         910 Brook Road- Covered Bridge Condo # 1

Project:            Construct a 10’ x 10’ dormer addition to master bedroom (Recessed 5/6/08)

Zone:               RR5/RHOD

Recessed from 5.6.08. Louis Brgant, contractor, was present representing the owner, and distributed pictures of the location and stated the 10’x 10’ dormer he is requesting is an addition to a pre- RHOD project. Sec. 16.4 (1)C.3. reviewed and members concluded the project should be classified e a minor under that section. Mrs. Brittin moved to consider as a minor, seconded by Mr. Izzo with all members in favor. Mr. Baker stated the project can barely be seen for only a short distance at the intersection of Rte 108 and Brook Road. The addition when built will be below the roofline but will have a window facing Rte 108. Mrs. Brittin then moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law in support of project # 3710, classifying the project as a minor and accepting the project as proposed.

   (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 is required.

Project #:         3713

Location:          1056 Mountain Road (former Decisions Decision shop)

Project:            Expansion of existing Day Care Center into area previously used for retail.

Present was Sonia Raymond, owner and manager of the Apple Tree Learning Cente, 

who stated there will be no exterior changes to the Stowe Center Building. She was asking to expand her business into the former Decisions Decisions space, which was retail. Mrs. Raymond submitted for the record current parking calculations, which include the Stowe Gym, which is no longer in existence. Mr. & Mrs Phil Teed (?), owners of a shop in the Center were present and explained the complex is already short on parking. Mrs. Raymond stated they are seeking 3 additional spaces (1 exists) making a total of 4 required, and the operation does not interfere time-wise with retail shops. Mr. Teed (?) also expressed concern that other uses are going into the complex other than retail which makes it difficult for current businesses and to entice new businesses. Sec. 4.7 reviewed. Additional sewer flow will have to be obtained. Mrs. Raymond described the drop off time as early morning and estimated approximately 30 cares come in. Drop off is finished by 9:00 A.M. and beginning about 4:15 is pick up time and the business closes at 5:30 P.M. There will be approximately 15 additional cars per day stated Mrs. Raymond. Character of the Area: Mr. Jones stated this is where the Teed’s concerns would be addressed if the Board could, but he felt it out of their jurisdiction and the way the Board has interpreted character of the area. Mrs. Teed expressed her concern that she feels it will be changing the concept of the complex. All changes are internal. Mr. Lusk asked if parking spaces are dedicated to the individual shops. Mr. Baker stated the table on file and submitted this date will be used for any future changes in the building. Retail to retail does not require additional parking, stated Mr. Baker. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law in support of project # 3713 with the following CONDITION:   

(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 is required.

Mr. Lusk seconded the motion with Mr. Jones, Izzo, Leven, Ramos, Lusk and Mrs. Brittin voting in favor. 1 vacancy exists on the Board. 

Project #:          3724

Tax Parcel #:     7A-064.000

Location:           250 Maple Street

Project:              Alteration of landscaping for project # 3115

Zone:                 VR 20/SHOD

Mr. Falker was present seeking to make minor changes to the approved landscaping plan dated 6.26.06, primarily because of snow plowing issues. The angled entry way proposed in the original plan will be replaced with a half-circle. The two cedars approved in the original landscaping plan will be replaced with smaller ones at the entry and along the drive because of visibility issues. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law in support of project # 3724 as an amendment to project # 3115 and according to the landscaping plan dated 6.26.06 and amended on 5.20.08.

   (1) All conditions imposed in the initial approval dated 6.26.06 shall remain in force.

Project #:       3720

Owner:           Zomax LLC (former Swiss Pot building)

Location:        128 Main Street

Project:           Interior renovations; change one business unit to an apartment; add handicap entry; add rear vestibule and revise stairway.

Sam Scofield, Architect, presented the project and described the changes (see Scofield plans of the Butler House dated 5.14.08) to the building (former Swiss Pot). A letter of project recommendation from SHPC dated 5/15/08 has been submitted, with one condition that the shutters be wood. The changes include: Putting in a lift in the shed portion on the rear of the building and creating a vestibule with a covered porch to comply with fire codes, plus a railing on the stairs to the basement. Removing an entry area on the north elevation and replacing it with a short bulkhead style cover to house the sprinkler system. Expanding the kitchen prep area by 4 feet. Adding a porch and handicap lift on the west side. Replacing all windows in the brick portion with 6 over 6 simulated divided lights, including the two bay windows. Converting 420 s.f. upstairs from retail to a dwelling unit (the only change in use proposed). Replacing windows in the rear with be 4 over 4. Adding a dormer and four (4) skylights to the south elevation roof of the brick building to give the room more ventilation and light. Sec. 4.7 reviewed: Mr. Baker reported there were no negative impacts submitted; found not be an impact on traffic since the restaurant is not changing; no impact on the character of the area. This brings the building closer to its original historic character. The corner lot requires a 10’ rear setback and presently there is 30’ from the edge of the property and the addition in the rear; VC-10 zone allows for 8 dwelling and 4 business units on a half acre lot in, stated Mr. Baker; there will be no exterior lighting changes stated Mr. Scofield. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusions of Law in support of project # 3720 based on the recommendations of the SHPC 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.

(1)   Incorporating the condition set forth in the letter of project recommendation of the SHPC dated 5.15.08 that the shutters be made of wood. 

Project #:        3718

Owner:            Segal, Marc

Request:          Appeal of Zoning Administrator’s enforcement of road construction and maintenance conditions relating to S-96-1 (South Hollow Properties approval)

Mr. Jones stated for the record the members have had an executive discussion as they are allowed in private. (1) A MOTION TO DISMISS dated 5/12/08 was received and so there has not been enough opportunity to reply. (2) Mr. Jones stated he plans to Postpone the substantive hearing on this matter until at least the first meeting in July which will give everyone the opportunity to be heard including the two individuals who are currently out of town; (3) Mr. Jones expressed his intent to schedule a hearing for June 3, 2008 for the sole purpose of addressing the jurisdictional issues raised in the Motion to Dismiss and that is all which will be discussed. He said he will accept limited testimony in order that the Board can have proper information on the three (3) issues raised by the Motion. Marc Segal, present in the audience, said a longtime resident of town can testify on the condition of the road after the recent rain. Mr. Jones appreciated that information but said that is some of the substantive issue. The Board has had no time to read and digest any of the information submitted by Mr. Segal just prior to the beginning of this meeting. Mr. Jones stated the ONLY thing which will be addressed on June 3^rd will be the Motion to Dismiss. Mr. Segal said he did not feel it a proper motion, felt Mr. Jones call was out of order since he (Mr. Segal) had not received a copy of the motion. Mr. Jones said after Mr. Segal receives a copy of the motion, he will be given time to reply. Discussion took place regarding whether the Rules of Civil Procedure apply, and if so, who has responsibility for delivering notice to all parties and when the 15 days to reply begins to run. Mr. Laundon from Darby, Stearns and Thorndike filed the motion. Mr. Thorndike who was present in the audience, stated that he knew nothing about the motion but felt Mr. Laundon would be aware of the requirements. Members felt they should seek guidance from the Board’s attorney as to the direction they should be taking and her recommendation on the procedure to follow. Mr. Ramos moved to RECESS to JULY 1, 2008, seconded by Mrs. Brittin in order that the town attorney has the opportunity to respond, with Mr. Ramos, Leven, Izzo, Lusk, Jones and Mrs Brittin voting in favor. There is one vacancy on the Board.

Project #:      3721

Owner:          Vargas Manelick De La Parra

Tax Parcel #:   8-044.080

Location:          Taber Hill

Project:            Subdivision of Lot # 4 of the Manelick De La Parra Vargas plan into two (2) lots

Present for the hearing was Paul Reed as well as Alan Thorndike, an abutting property owner. No plat has been filed for this subdivision, and Mr. Baker suggested a new decision be crafted if approved, thereby allowing for a new 180 days to start. Mr. Reed stated Mr. Manelick had always intended to have a secondary building on # 4 (20.9 acres). Now he wants to subdivide this existing Lot # 4 into two lots, 11.2 acres for new Lot # 4 and 9.3 acres for Lot #7. Building zonse will become smaller but setbacks and limits of clearing will remain the same as previously approved. The same driveway will serve both lots. Plans are to lengthen the 50’ r.o.w. through Lots # 4, 5 & 6 to allow for a permanent access to the Manelick’s current property which is on a parcel adjacent to this 75 acre project. Mr. Reed stated final design needs to be approved for a dry hydrant to be located near the existing pond. Mr. Reed requested a waiver of subdivision standards to construct a 14’ to 16’ wide roadway with six pull-offs and two locations for large vehicle turn-arounds. Mr. Reed stated there are several classifications of A-21 standards based on the number of trips. After discussion, members agreed to allow road construction with the minimum width of 14’ constructed to A-21 standards. Review of subdivision regs, Sec. 5.2: Mr. Reed stated the proposed subdivision does not change the landscaping plan. Building areas are shown on the plan. It was determined the additional lot would have only a minimal impact on traffic. Lots # 4, 6 & 7 are in the RHOD. It was previously agreed that the RHOD criteria will be addressed when the individual houses to be built come before the Board. Screening has been addressed in the limits of clearing. Mr. Leven asked how the number of trips is calculated and Mr. Baker responded saying there is a manual as a guide. Mr. Rabidoux, Director of Public Works, had stated it is calculated to be 4 trips per day. Mr. Reed told Mr. Leven there are no more home sites. Mr. Thorndike, property owner to the north, stated he had no objection to the subdivision of Lot # 4 into 2 lots since the guesthouse was going to go there anyway. However, he did express concern that the subdivision began with 5 lots (upon which all the neighbors relied), then the applicant returned once to create six lots and now again to create seven, and now Mr. Reed is saying this is the end. Mr. Thorndike asked that this be a condition, which the Board did not feel they could do (Mr. Thorndike disagreed). Mr. Reed stated he could not speak for any future purchaser but the intent is there will be no more subdivision. Mr. Thorndike stated the driveway (which will now become a thru drive) will increase the amount of headlights and affect the Thorndike property. He suggested some plantings (but left to the Board) to decide if additional trees would help. tape 2 side 2 Mr. Reed agreed to have planted twelve (12) 5’-6’ evergreen trees, spruce and fir (not white pine). A motion was made by Mrs. Brittin and seconded by Mr. Lusk directing the Zoning Administrator to prepare Findings of Fact and Conclusions of Law in support of project # 3721 approving the preliminary layout application with the following 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 recording the plan a copy of the Protective Covenants shall be submitted to the Zoning Office.

3.      The Stowe 911 Coordinator shall approve the private street name before the plan is recorded.

4.      Any proposed fire pond shall be located on the final plan.

5.      The additional screening near the Thorndike property shall be shown on the final plan.

6.      The proposed dry hydrant shall be shown on the final plan and shall be approved by the Fire Department.

7.      An additional turnaround(s) for Lot #6 and #7 shall be required if requested by the Fire Department.

8.      The Fire Department shall review and approve the request for a 14-foot-wide private road width before a final plan is submitted.

9.      HungerMountain Forestry shall certify the cut status three months after the commencement of cutting on Lots #4, #5, #6 and #7. No additional cutting shall occur after the certification without notice to the Zoning Administrator. Any future cutting will require review by Hunger Mountain Forestry or other acceptable licensed forester and certification of cut status as related to the original approval.

Mrs. Brittin, Mr. Izzo, Jones, Ramos, Leven and Lusk voting in favor. There is presently a vacancy on the Board. 

Election of Officers will take place at the June 3^rd meeting.

There being no further business to come before the Commission, the meeting adjourned at 8:00 P.M.