Development Review Board             APPROVED 1/20/09

The regular meeting of the Stowe Development Review Board was held Tuesday, January 6, 2009 in the Banquet Room in the Akeley Memorial Building starting at 5:00 P.M.

Members present: Peter Collotta, Ed Izzo, Susan Brittin, Charles Lusk, Don Ramos and Brian Leven. Richard Baker, Zoning Administrator present.

Project #:        3927

Owner:            Brackenbury Place, LLC

Location:         645 South Main Street

Project:            Temporary installation of an emergency generator

Present were: Justin Rabidoux and Charles Safford for the Town; Police Chief Kaplan, and Jim Brocchausen, representing the distributor. Mr. Rabidoux explained the relocation of the LP generator is temporary and is part of the Police Department, which operates as an emergency center for the Town. It is being cited in the front left corner of the Brackenbury property, shielded from the south by the building and vehicles in the parking lot and heading north out of town, shrubs and miscellaneous trees shield the location. To locate on the right side of the building, it would have been much more visible. Issue of noise: it has a weather enclosure and on this day, at 25’ from the r.o.w.during a testing operation, it was measured between 70-72 dBA’s Mr. Rabidoux related the noise to noise from traffic on Rte 100. The generator runs once a week between 20-30 minutes and is programmable any time day or night for testing is used only when power goes out , it then has the full capacity of approximately 80 dBA’s. In the building it will not run more than 20-25,000 watts (under 50% load). The proposed location screens itself other than looking directly at it. Mr. Leven asked the distances and it will be 40’ back from Rte 100 and the adjacent motel property is 80-100’ with a parking the lot in between. Mr. Rabidoux stated the new building would be ready for occupancy between 12-15 months from March. Mr. Izzo asked why it could not be located at the rear of the building and the answer was, the driveway is already blacktopped and the electrical is presently in the front of the building. Mr. Lusk asked why it was being reviewed as a Conditional Use since it is temporary, but he said he understood that the Board might want to review it. Mr. Izzo felt it should be closer to the building so the noise affects the building more than the neighbor. The applicant asked that the generator be run around 12 noon. Mr. Brocchausen said one of the advantages to test during the day is if there should be failure, it would be noticed. Mr. Leven felt it possibly should be done at peak hour of traffic. Mr. Baker stated the Russell house is commercial. Mr. Ramos questioned the standard noise level which Mr. Baker described and Mr. Ramos felt it would be close to compliance taking into consideration it will run only once a week. Mrs. Brittin stated the Board in past applications has allowed music and did not feel there would be a problem with the noise from this generator. Reviewed Conditional Use: Mr. Lusk questioned why it is temporary (it is a temporary structure). Mr. Lusk stated temporary is given a 6 months life. Mr. Rabidoux stated when the new building is ready for occupancy, this generator may be moved or possibly purchase a new one and located at the site. Mr. Brocchausen stated Mr. O’Reilly has agreed to screen the generator, either by a fence to the height of the generator or by shrubs (or both) The site plan shows cedars around the generator. There will be no exterior lighting of the generator. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law re: project # 3927 with the following 

(1)    The project shall be completed according to the plans hereby approved. 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.

(2)    The generator will be screened with a solid fence and hedge. 

(3)    Testing time for the generator shall be every Tuesday at 12 noon.

(4)    The permit is nontransferable and good for two (2) years. 

Mr. Safford told members they will not be able to install landscaping prior to occupying the building. Members understood and did not have a problem with that.  

Mr. Collotta seconded the motion, with Mrs Brittin, Mr. Izzo, Ramos, Leven, Collotta and Lusk voting in favor. One vacancy. No one opposed.

Project #:        3924

Owner(s)         Pike, Leslie & Claire

Tax Parcel #:   7-306.000

Location:         End of Owl’s Head Road

Project:            Two-lot subdivision creating Lot # 10 leaving approximately 212 acres of residential property. Extension proposed of Owl’s head Road.

Present for the owner was Paul Reed who stated to date 8 lots have been approved and 7 have been sold. The proposal is to take 10 acres from the entire parcel of 221 acres and establish a single family lot. Owl’s Head Lane will be extended 1,000’. Mr. Reed stated it will be a well drained lot with mountain views with no public highway or homes seen (other than from Trapp’s). The lot is mostly wooded with some specific cutting done in the house site area (approximately 2 acres) There is a no-cut zone between Lot # 8 and 10   preventing a direct line of site between the two lots. No view to the south, but mostly north, northwest and east. Road is currently 18’ wide and the extension will be between 18-20’. There is an existing Home Owner’s Association and Mr. Reed said that he would review and update. tape 1 side 2 Mr. Reed stated the lot is not in the RHOD. Rod Ely, abutting property owner and in the audience said his house is at the very back of the property with no view and was concerned with cutting too many trees which would open up the privacy of his home. Mr. Reed said they will be taking tall trees and the goal is not see each others house and said he would work with Mr. Ely when the time comes to cut and take only certain trees. There exists a mutual no cut area (which the recorded plan will show ), with the exception of allowing construction of the driveway. Reviewed Sec. 5 There will be minimal visibility. Fire Department has no concerns. Mr. Lusk asked at what point does the Board address potential development since there is much land remaining. Mr. Reed said the Pikes will conserve an area (at least 20 acres) which Gold Brook stream runs through and is close to Gold Brook Road. There will be perpetual hemlocks and no housing because of the wetness in the area. Mr. Reed stated it is not suitable for development and will be conserved. There is a possibility of having a hiking trail through the area. Discussed Sec. 5.3 & 4. Width of the roadway discussed and members agreed it will require certification to A21 standards. General Construction Permit required because of clearing over 1 acre. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law re: project # 3924 with the following

     (1) The project shall be constructed according to the plans approved. 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 that road is built to A21 standards of 18-20’.       

     (3) Site plan to be revised showing the tree no-cut zone along the Ely property be

Project #:         3928

Owner:            Phaneuf, Eric

Tax Parcel #:   5-054.000

Location:         97 Falls Brook Road

Project:            Requesting to modify decision for project # 3876 by allowing stone ruins to be disturbed.

Eric Phaneuf present and said the hunting camp was not identified as historic so it was torn down. The stone ruins remain from a foundation of 18’ x30’ and it was testified at the original hearing that they would not be disturbed. Mr. Phaneuf is asking to remove them and use the foundation stones for walls. Mr. Lusk stated there is nothing in the bylaws which allows the Board to compel Mr. Phaneuf to retain the ruins as they exist. (Mr. Lusk said he wished there were as things like this are historic treasures). Definition in subdivision regs of historic resources read by Mr. Baker. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law allowing the applicant to remove the ruins and amend the previous decision. Mr. Collotta seconded the motion with all in favor. CONDITIONS of previous approval remain.

Project #:         3828 (RECESSED from 12/9/08)

Owners:           Zeilschuss LLC

Tax Parcel #:    6-073.000

Location:          1940 Mountain Road

Zone:                MRV

Present were Mila Lonetto, owner and Mathias Rosenfeld . Ms. Lonetto said changes have been made to the elevations showing a reduction in the number of windows, redesign of the windows, i.e. the third floor glazing facing Mountain Road and the amount of glass. Style changed from single pane to divided-light; added one additional parking space; basement use to go from industrial to retail. The cedar planting have been extended around the northwest corner of the parking lot. Mila stated the agreements (snow removal and driveway) between them and the Baraw’s have been completed. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law re: 3828 with the following CONDITION: 

   (1) The project shall be constructed according to the approved plans. Any change to the plans or the proposed use of the property shall be brought to the attention of the Zoning Administrator for a determination if an amendment shall be required. c

Mr. Collotta seconded the motion with Mrs. Brittin, Mr. Izzo, Lusk, Ramos, Collotta and Leven voting in favor. No one opposed.

Project #:          3921

Owner:              Episcopal Diocese Of Vermont

Tax Parcel #:   6-059.000

Location:         1994 Mountain Road (St. John’sChurch)

Project:            Replace existing parking lot lighting and remove grass island to improve maneuverability of the parking lot.

Present representing the church was Clifford Johnson who said there are 84 seats in the new church requiring 28 parking spaces. The problem is, with the existing island, it is difficult maneuvering in the parking lot and he said the existing lights do not comply with the bylaws. The plan is to remove the island and replace with crushed stone (gravel) and remove the existing lights and replace with 3 fixtures - 16’ high poles with 100-watt metal halide lamps with shields on the rear of each. These will be placed around the perimeter of the property. tape 2 side 1  Mr. Johnson stated the water run-off will not be affected and the existing man hole will remain in place. There is a storm drain which goes across Barrows Road but that will not be affected. Cars will be able to park in the area of the island. There have been occasions that cars park on the main road, and it is the intention that this redesign will help that situation, stated Mr. Johnson. There being no further discussion, Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of fact and Conclusion of Law re: 3921, Mr. Collotta seconded the motion with all in favor.

(1)   The project shall be constructed as approved. Any change to the plans or the 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 conditions of the previous approval shall remain in force. 

Project #:         3915 (RECESSED 12/9/08)

Owner:             MITSE Investments USA Inc.

Tax Parcel #:   2-150.050

Location:         North Hill Road- next to 815 North Hill Rd.

Project:            Construction of a single-family dwelling with attached garage and pool/pool building

Zone:               RR3/RHOD

Present was Milford Cushman, Architect. Mr. Collotta, Izzo, Ramos, and Lusk did a site visit on 12/13/08. Mrs. Brittin went on her own. Mr. Cushman stated the property is off North Hill Road in the RHOD district. Proposed colors of the buildings are on file as well as the elevations. Site Plan dated 11/25/08 shows the proposed tree cutting. Sec. A,B & C have been cut previously. The top of the roofs (dark asphalt shingle or red cedar which will become dark red/black may be visible from Moscow, Trapp and Shaw Hill in the winter, stated Mr. Cushman. Sidewalls will be cedar tones. Up/down lights on the body of the house and one will not see the lamp. These are shown on the site plan. There will be step lights of 18 watts each and mushroom lights next to the ground on the uphill side of the house. Mr. Cushman stated he is not asking to clear any trees within the no-cut area at this time but will return to the Board with specifics for clearing well after the house is under construction. Members discussed this issue and determined that they would like to revisit the cutting limits when the house is in the plywood stage. The site plans shows pink area as scrub and pioneer growth and the substantial trees to be removed after approval are in the orange area. Mr. Leven said he would like to meet with Mr. Cushman at the site prior to the house being built and prior to the applicant returning to the Board with the cutting plan. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law re: project # 3915 and being significant with the following CONDITIONS:

(1)   The project shall be constructed in the manner as approved with the understanding that any change to the plans or the proposed use of the property shall return to the Zoning Administrator, prior to its implementation, for a determination if an amendments shall be required.

(2)   There shall be no tree cutting without DRB approval in legend # 2.

Mr. Collotta seconded the motion with all members in favor.        

7:10 BREAK

Project #:         3925

Owners:           Trapp Family Lodge, Inc.

Tax Parcel #:    6-121.000

Location:         1551 Trapp Hill Road

Project:            Proposing to subdivide a 2-acre parcel and amend PUD density affidavit

Present was Charles Burnham and Sam von Trapp (speaking on behalf of Trapp Family Lodge). Mr. Burham described the area being proposed for the construction of a single-family dwelling. A rectangular parcel accessed by a 50’ r.o.w. with a 500’ driveway. Underground electrical service planned. Mr. Burnham stated the house site is not visible. State permits have been submitted stated Mr. Burnham. An amended affidavit dated 1/6/09 for the SKI PUD has submitted and will be signed by the chair. Fire Department responded saying there would be no impact for their service. Mr. Leven asked about the existing ski trail and Mr. Burnham said the building area is 10+ ‘ from the trail which goes through the property and Mr. Burnham said it will probably remain. It is a private trail so the Board would not be involved. Mrs. Brittin moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law re: project # 3925 with the following CONDITION:

(1)   The project will be constructed according to the plans approved. Any change to the plans or the 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.

 The Board accepted the amendment of the density affidavit.

 Mr. Leven seconded the motion with all in favor.  

Project #:         3929

Owner:             Union Bank

Tax Parcel #:    3-091.000

Location:          2625 Waterbury Road

Project:            Convert existing motel and restaurant to 7 dwelling units

Present for the hearing were David Wolfgang, prospective buyer; Kim Brown, architect; abutters Pearsons; Jeff Thompson, Mark MacDonald, Sandy Immediato, Mr. & Mrs Bob Shannon (Fly Rod Shop). Mr. Wolfgang described the project as redoing the existing motel into 7 residential units of 5 (1) bedroom apartments and 2-(2) bedroom apartments. Two phases; add a roof to prevent leakage and add insulation as well as change the design of the roofline, which a small section will be cover and extend out over one apartment. There are presently 39 parking spaces and intend to reduce to 17. Sign post to be removed. Change lighting plan by reducing to a total of 7 (1 each on the side of each apartment door). tape 2 side 2. Each unit will have a full kitchen and bath. Swimming pool to be removed and plantings/trees will be added along the front. Plan to keep the 2 lights at the driveway entrance. There will be no sign. The board & batten exterior materials will remain and horizontal clapboard siding will be used. There will be no expansion of the building beyond the roofline, stated Mr. Wolfgang, and Mr. Baker agreed. Mr. Lusk read Sec. 3.9 (1) deemed to be a non-conforming use, which is being changed. Sec. 3.7 Stowe Electric has given approval and on a private water system. Fire Chief has not done a formal review and would like the F.D. Board to review the driveway access. There will be no increase in traffic. Character of the Area: RR 2 allows for residential but this is a non-conforming use. Parking reviewed. Mr. Lusk read the definition of the purpose of the residential area- page 62. Mr. Baker stated if this were to be approved, the number of dwelling units could not be increased. Mr. Leven asked how the quality of the neighborhood would be maintained and suggested the neighbors have their input. Mark McDonald, abutting landowner behind the motel. He asked what a multi-family dwelling is and how many are allowed. Mr. Lusk stated a motel is not a permitted use. A multi-family dwelling is 3 or more units. Mr. Leven still concerned with the character of the area when related to the definition. Mr. Ramos asked what the problem is with the proposal. Jeff Thompson said the motel was never busy and concerned having an apartment house and with noise, barking dogs, number of cars and types of people will be renting. Mr. Wolfgang replied saying he is looking for long-term tenants who would be working people for the quality rentals. Leases state no pets allowed. (occasionally have cats but no dogs). Trying to screen the building from the road with tree plantings stated Mr. Wolfgang and washers and dryers would be in the basement. Mr. Shannon, owner of the Fly Road Shop said he keeps horses on his property certain times of the year and looking for a buffer between the two properties (would like it to be a part of the site plan) and asked about dumpsters, where they will be located and how they be screened. He also asked to see a parking plan, saying any current parking could create a problem. Mr. Brown addressed the parking plan of 17 spaces, perpendicular to the building and clearly fit. The lot will not be paved. He said if there is a dumpster, will be between the shed and side of the building, not visible from the road. 

Mr. McDonald said his property is in the rear and he looks down on the property and asked if there could be vegetation in the rear. Mr. Wolfgang said he would be removing some of the decks in the rear which would help. Steve Pearson, also owns property to the north of the motel and said he is concerned with the amount of traffic and he felt traffic would be increased because of the number of occupants. He asked if the number of occupants is an increase in the septic system and Mr. Wolfgang said it is a substantial reduction. A State Permit is required for the waste water (wastewater approvals are not reviewed by the Town). Mr. Wolfgang stated as far as he knows the septic system meets the requirements. Mr. Lusk asked members re: traffic and how they wanted to address it.

And suggested it be reviewed as a new project and not what it was. Mr. Leven said he felt what the project was is irrelevant and this is a new conditional use, using a clean slate. Mr. Leven said the standard is, whether this project will have an undue impact on traffic on roads ----------., not looking at it as whether or not there will be more or less. Character of the Area: Mr. Ramos felt the lodge as it is now is an eye sore and affects the character of the area. Sandy Immediato stated that people living there full time, with kids running around and noise outside and felt it would affect the neighborhood as opposed to the motel with guests. Mr. Izzo suggested the motel could be used for other type of housing, i.e. seasonal type workers. Mr. Thompson suggested it not look like the Pines and felt there should be a landlord. Mr. Wolfgang reiterated he intends to have a nice place which will be well run and that is “what I am representing”, stated Mr. Wolfgang. since he is investing a lot of money. tape 3 side 1  Discussion continued with the neighbors. Testimony continued. Review continued. Cut sheets were provided for the lighting plan and lights are shown on the elevations. Most members agreed the parking should not be relocated because it is a pre-existing parking lot. Mr. Leven argued that it is a new non-conforming use. (this was discussed) Mr. Lusk poled the members for opinions. He felt there needs to be additional landscaping and found the one propose not adequate. Mrs. Brittin and Mr. Collotta will look at the landscaping (look at pg 50). Mr. Ramos agreed it needs more work. Mr. Leven felt it should be recessed for a landscaping plan and members need to refer to the purpose. He stated he is still not satisfied after hearing concerns and referred to an unduly-negative impact and needs to be designed to address the overall appearance -----, all in the “purpose”.  

Mrs. Brittin moved to RECESS to January 20, 2009 , seconded by Mr. Collotta with all in favor.

The meeting adjourned at 9:10 P.M. with members agreeing to meet March 10^th and 24^th.