Category Archives: Development Review Board 2017

Development Review Board Minutes 06-05-2017

CITY OF VERGENNES

DEVELOPMENT REVIEW BOARD

MINUTES

REGULAR MEETING

MONDAY, JUNE 5, 2017

Members Present: Peter Garon, Chair, Brent Rakowski, Vice-Chair, Jason Farrell, Secretary, Tim Cook, Jason Mullin, Don Peabody, Steve Rapoport

Members Absent: None

Meeting Guests: Scott Hardy, Paul Seyler, Amanda Relyea, Dennis Relyea, Sheila Burlock, Ashley Robinson, Jerry Fisher, Rick Fisher, Tracy Fisher, Kimberly Trombley, Lonnie Parker, Crystal Parker

Present: Zoning Administrator Mel Hawley

Chair Peter Garon called the regular meeting to order at 7 p.m.

  1. Public Hearing (continued) – Scott Hardy, 186 Green Street, The Fisher Farm,

Planned Unit Development, Subdivision, Accessory Structure, Site Plan Review and Conditional Use Review

Peter Garon read the public notice and reminded attendees who were sworn at the May 8, 2017 public hearing that they are still under oath. Peter said the hearing was limited to receiving comments on the declaration not that they have been reviewed by the City Attorney. Zoning Administrator Hawley said City Attorney James Ouimette changes as recommended by the title insurance company he uses have been incorporated. The declaration is doe a planned community rather than a condominium. He also noted that each bay of the “7-car garage” will be assigned to and controlled by each unit owner. Zoning Administrator Hawley also suggested any amendments of the declaration as provided in Article XV of the declaration should require approval of the Development Review Board. With no further comments on the declaration, Brent Rakowski moved to close the public hearing and deliberate later in the meeting. The motion was seconded by Steve Rapoport with all voting in favor.

2.  City of Vergennes, Vergennes Falls Park, Musical Apparatus, Pavilion

Zoning Administrator Hawley provided a copy of the original construction drawings drawing of Vergennes Falls Park on which the suggested location of so-called “Harmony Park” and a 20’ x 30 pavilion is being considered by the City Council. It was the consensus off the Board that more detailed information is required to move forward with a public hearing. The Board requested that an application packet include a copy of the FEMA map, the state land use permit for the park, a grading plan, a lighting plan, along with a maintenance plan. It was also suggested that if a public is to be held on this project, that property owners along Macdonough Drive be included in the list of abutters. Zoning Administrator Hawley announced this project will be discussed at the next City Council meeting which is scheduled for June 13, 2017.

3.  Ditwhitt’s Snack Shack, 109 Panton Road

Jerry Fisher, Rick Fisher and Tracy Fisher were in attendance at the urging of Zoning Administrator Hawley to discuss their business on Panton Road. As was reported at the last meeting, Jerry Fisher had stopped at City Hall when he was not present relative to his plans to locate a food stand on Panton Road where Mr. Ed’s was once located. The staff informed him that he did not need zoning approval. Jerry explained that they have a food trailer that is current hooked to a truck. Crushed stone has been brought in so that patrons can walk up to the service window. Unlike Mr. Ed, the food trailer will not be removed at the end of each day but would remain throughout the season. It was the consensus of the Board that this is not exempt and is considered land development and therefore needs a zoning permit and approval of the Development Review Board. Don Peabody said that it is only because of the misunderstanding that the Board not request closure of the business until approvals are in place and should not be regarded as a precedent. Zoning Administrator Hawley said he would assist the Fishers in filling out the required application forms and preparation of a site plan. Jason Farrell moved to authorize the scheduling of a public hearing for July 3, 2017 provided the applications and site plan is promptly filed. The motion was seconded by Jason Mullin with all voting in favor.

4.  Porky’s Food Cart, 61 Main Street

Kimberly Trombley was in attendance at the urging of Zoning Administrator Hawley. Kimberly introduced Lonnie Parker and Crystal Parker who own Porky’s Food Cart. Lonnie and Crystal explained they had set up their food cart in the parking lot of the Ferrisburgh shopping center on Monkton Road based on information from a Selectboard member that no permit was required. She said that Aubuchons informed them that they had rights to the shared parking lot and that the cart needed to be removed. Kimberly Trombley said that they would like to host the cart at her father-in-law’s property at 61 Main Street as a complementary business to the Main Scoop. The Board concluded that the subject property is in the Commercial District and the since cart will be moved in and out on a regular basis there is no land development occurring and therefore not zoning permit or site plan review is required.

5.  Review and accept minutes of previous meetings

The minutes to the special meeting of May 8, 2017 were reviewed. Don Peabody moved to approve the minutes as corrected. The motion was seconded by Jason Mullin with all voting in favor. The minutes to the special meeting of May 15, 2017 were reviewed. Peter Garon moved to approve the minutes as corrected. The motion was seconded by Steve Rapoport with all voting in favor.

6.  Deliberative Session – Scott Hardy, 186 Green Street, The Fisher Farm, Planned Unit Development, Subdivision, Accessory Structure, Site Plan Review and Conditional Use Review

The Development Review Board held a deliberative session but took no action. The Board will continue deliberating on July 3, 2017.

7. Adjournment

The meeting adjourned at 9:05 p.m.

Respectfully submitted,

Mel Hawley

Acting Recording Secretary

Development Review Board Minutes 05-15-2017

CITY OF VERGENNES

DEVELOPMENT REVIEW BOARD

MINUTES

SPECIAL MEETING

MONDAY, MAY 15, 2017

Members Present: Peter Garon, Chair, Brent Rakowski, Vice-Chair, Jason Farrell, Secretary, Tim Cook, Jason Mullin, Don Peabody, Steve Rapoport

Members Absent: None

Meeting Guests: Scott Hardy, Paul Seyler, Amanda Relyea, Dennis Relyea, Sheila Burlock, Ashley Robinson, Richard Catchapaw, Kimberly Catchapaw

Present: Zoning Administrator Mel Hawley

Chair Peter Garon called the special meeting to order at 7 p.m.

  1. Public Hearing (continued) – Scott Hardy, 186 Green Street, The Fisher Farm, Planned Unit Development, Subdivision, Accessory Structure, Site Plan Review and Conditional Use Review

Peter Garon read the public notice and reminded attendees who were sworn at the May 8, 2017 public hearing that they are still under oath. Peter swore in abutting property owners Richard Catchapaw and Kimberly Catchapaw who were not at the previous public hearing. Jason Farrell advised he had listened to the May 8, 2017 recording of the public hearing to regain his voting rights. Zoning Administrator Hawley apologized for not including the Catchapaws in the mailing of the public hearing notices as he did not realize that their property runs along a portion of the southerly boundary of the subject property. Peter said that although the hearing was continued for the purpose of receiving comments on the declaration once reviewed by the City Attorney, additional testimony would be allowed on the project in general. Zoning Administrator Hawley said City Attorney James Ouimette has sent the declaration to the title insurance company he uses. His initial comment was that the project is not a condominium but rather a planned community. Scott requested that a suitable version of the declaration acceptable in form to the City Attorney be a condition of approval. Peter said that Development Review Board typically has the final version in hand. Mel said that also it is typical that amendments require approval of the board. Scott submitted a handout showing a number of pictures of storage issues with small homes and also examples of other properties on Green Street that have detached garages in front of the front building line. He also talked about special financing arrangements for the garage. Zoning Administrator Hawley said that the proposed declaration is silent relative to the garage and if a garage does not accompany the unit and if it was rented to someone that does not own in Fisher Farm, that would be considered a commercial enterprise and not allowed in the district. Zoning Administrator Hawley asked that there be testimony relative to the location of the garage since it is in front of the building front line (see Section 1501.A.6) and cannot be the dominant feature when viewed from the street (see Section 1511). Scott said there is already a lot of natural screening along the street such that the garage is not the dominant feature. Don Peabody said that he wished the picture of the existing building extended further to the north to show evidence of the existing trees and shrubs. He also remarked that the large expanse of roof would be the dominant feature unless shielded by plantings. Richard Catchapaw asked why the garage was planned in the front instead of the rear of the property. Scott said he desired limited vehicular traffic to the rear of the development. The board discussed at length whether the public hearing should close in advance of having the final version of the declaration. Jason read a portion of Section 1006.G and asked Scott to describe planned parking for Unit #6. Scott said that unit would use the space adjacent to the garage, at the end of the road, or within the garage. There was further discussion about ownership of the garage which will be reviewed more carefully once an updated version of the declaration is available. Steve Rapoport moved to continue the public hearing on June 5, 2017 with testimony limited to the declaration currently under review by the City Attorney. The motion was seconded by Tim Cook with all voting in favor.

2.  City of Vergennes, Vergennes Falls Park, Musical Apparatus, Exempt Land Development versus Land Development

Zoning Administrator Hawley reported the Vergennes Rotary has approached the City Council about developing so-called “Harmony Park” within Vergennes Falls Park and asked for a determination of whether this fell within the exemptions in Section 312 or whether it required site plan review. By consensus, the board deemed that it did not fall under the exemption.

3.  Review and accept minutes of previous meeting

The minutes to the special regular meeting of April 17, 2017 were reviewed. Steve Rapoport moved to approve the minutes as corrected. The motion was seconded by Brent Rakowski with all voting in favor. The minutes to the special meeting of May 8, 2017 were deferred.

Report of Zoning Administrator – Zoning Administrator Hawley reported that Jerry Miller had stopped into City Hall when he was not present relative to his plans to locate a food stand on Panton Road where Mr. Ed’s was once located. The staff informed him that he did not need zoning approval. Mel said will be in touch with Mr. Miller.

Other Business – none

6. Adjournment

The meeting adjourned at 8:40 p.m.

Respectfully submitted,

Mel Hawley

Acting Recording Secretary