Development Review Board

                                                      August 17, 2010                     APPROVED 8.31.10

The regular meeting of the Stowe Development Review Board was held Tuesday, August 17, 2010 in the Banquet Room in the Akeley Memorial Building starting at 5:00 P.M.

Members present: Brian Leven, Charles Lusk, Peter Collotta, Michael Diender, Doug White and Lynn Altadonna. Absent: Drew Clymer. Also present: Rich Baker, Zoning Administrator and those listed in the minutes book.

Project #:      4061

Owner:          TN Associates

Location:       4000 Mountain Road

Project:          Reopening of hearing for Appeal of Notice of Violation for TN Event Tent behind the indoor tennis court. (Requesting to RECESS)

Mr. Altadonna moved to allow the RECESS as requested to SEPTEMBER 21, 2010as requested, seconded by Mr. White with all in favor.

Owner:            Maplewood Holdings, Inc.

Location:        395 Mountain Road (Backyard Tavern)

Project:           Construct a 10’ x 50’ building addition; expand existing deck; add roof over deck and approval of the existing deck.

Zone:               VC30

Present were Terry & Paul Smith, owners; Brice Simon, Attorney and Kim Brown. Mr. Smith apologized to members for not returning to the ZA in 2003 as required by the previous approval for the deck. Mr. Smith described the area, the 6 units and location of each, as well as the abutting properties. He stated Anabel’s Way is a private r.o.w. which is shared by the owners/tenants of the complex, Sleeper House and Santos Restaurant. The purpose of the project is to (1) relieve the congestion internally; (2) increase and improve the area and (3) increase the productivity of the staff, and (4) additional storage. Ledge in the rear was moved back in the past about 10’ and the plan is to move the wall back 10’ and expand deck out 24’6” x 29’ with a fixed roof. (no walls) Propose to add 5 cedars along the wall; extend roofline straight back and place windows behind the bar area (looking out to the ledge) Attorney Simon stated there will be no increase in seating (50 seats total). Mr. Smith stated they would rearrange the furniture to accommodate no more than 50 patrons; no additional sewer capacity or no increase in parking. It was noted for the record an e-mail from Heidi Scheuermann, representing the apartment complex abutting the property, stating she had no problem with the project but concerned with additional noise and asked that “no amplified music” per zoning regs remain in effect. Mr. Smith stated they have no intention of having amplified music on the deck. Mr. Brown stated the application was done with the adequate parking in mind. Mr. Baker stated 54 spaces are required and 72 exist. Sec. 3. 5 No negative comments on the Municipal Impact form. Members agreed there would be no additional impact on traffic. Character of the Area: N/A; regulations in effect; no effect on scenic area; Noise: discussed. Mr. Altadonna said the important thing was there would be no amplified music for the deck. VC 30 zone. There is a shared access (which is not being changed) and Mr. Smith stated Backyard will not block Anabels’s Way. Landscaping: Plans are to plant 5 cedars –6’ tall along the corner which will make it more difficult for patrons to get to the parking lot off the deck. Discussion followed re: drainage/ storm water as there were conditions in the previous approval which involved drainage. Mr. Brown stated that whatever drainage pattern exists now, will remain and the drainage which exists will remain under the deck. tape 1 side 2 Mr. Brown stated there will be a flat roof which will pitch forward, so no net increase in water. The natural drainage course will not be disturbed. Lighting: drop lighting to be used under the roofline. Paul Hammond in the audience, and owner of the other half of the building, stated he was not informed of the building addition of 10’ x 50’. Mr. Collotta moved to instruct the Zoning Administrator to draft Findings of Fact and Conclusion of Law with the following CONDITIONS:

     (1) This 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 enactment, for a determination if an amendment is required.

     (2) There shall be no amplified music on the deck.   

     (3) There shall be no changes in the existing stormwater/ drainage patterns. 

Mr. Altadonna seconded the motion with Mr. Diender, Lusk, Leven, Collotta, White and Altadonna voting in favor. No one denied. Mr. Clymer was absent. 

6:00 P.M. Rules of Procedures: Members reviewed and made changes to the proposed Rules of Procedures. Members prior to adopting will again review them. 

Minutes of July 20, 2010: Mr. Collotta moved to approve with minor corrections, seconded by Mr. Leven with all in favor.

There being no further business to come before the Board, the meeting adjourned at 7:15 P.M.