Development Review Board Minutes 01-08-2018

CITY OF VERGENNES

DEVELOPMENT REVIEW BOARD

MINUTES

REGULAR MEETING

MONDAY, JANUARY 8, 2018

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

Members Absent: None

Meeting Guests: Scott Hardy, Kathleen Rivers

Present: Zoning Administrator Mel Hawley

Chair Peter Garon called the regular meeting to order at 7 p.m. and announced that he would depart at 7:30 p.m. due to another engagement.

  1.  Public Hearing (continued) – Scott Hardy, Comfort Hill, 4-Lot Subdivision

Peter Garon read the public hearing notice. Brent Rakowski announced at the November meeting that his employer, Otter Creek Engineering, has been retained by Scott Hardy for professional services associated with this proposed development and therefore recused himself from this matter and, in accordance with the rules of procedure, removed himself from the table. Chair Garon swore in Brent Rakowski and reminded Scott Hardy and Kathleen Rivers that they were still under oath. Scott presented an updated subdivision plat that shows a “proposed 20’ wide easement for future pedestrian access” along the street frontage of Lots 1-3. It also reflected a “Proposed 20’ wide easement for pedestrian access. Location to be determined when Lot 4 is developed.” Scott said that he is proposing a sidewalk along Lots 1-3 but the timing as to when the sidewalk would be constructed was a question. Scott said he felt it made more sense to construct the entire length of sidewalk from Comfort Hill, near the intersection with High Street, to Lots 1-3 when Lot 4 is developed. Zoning Administrator Hawley questioned whether the 20’ wide easement along Comfort Hill encumbering Lots 1-3 was sufficient given the topographical challenges. The Board then went on to review and discuss the declaration of covenants. Scott said he could not find anything in the regulations requiring the covenants be approved by the City Attorney. Zoning Administrator Hawley said the homeowners’ association bylaws and covenants for both Claybrook and Hopkin’s Ridge had to be incorporated in the decision to assure the development complied with the requirements for a planned unit development. In this instance, the proposal is not a planned unit development and, therefore, there is no common area to be managed. That being said, there still needs to be an agreement covering maintenance of the shared driveway and responsibilities associated with the shared privately-owned sewer lines and pump station. Kathleen Rivers was asked if she had any comments and she responded with a suggestion that the development be named “MacIntosh Woods” since it is across from MacIntosh Park. Zoning Administrator Hawley said that he also serves as the City’s E-911 Coordinator and would work with Scott relative to the name of the shared-driveway but noted that he would not approve Comfort Hill Ridge as is indicated in some of the documents as “like” street names in the same municipality are strongly discouraged. With no further testimony, Jason Farrell moved to close the public hearing and take the matter up in deliberative session later in the meeting. The motion was seconded by Lowell Bertrand with all voting in favor.

Peter Garon departed at this time.

2.  Pending Decision – Christopher Lapierre, 110 Macdonough Drive, Accessory Structure (see Section 1501.A.6 and Section 1511)

As directed, Zoning Administrator Hawley drafted an affirmative decision approving the request by Christopher Lapierre to construct an accessory structure in front of the building front line and a waiver of the requirements in Section 1511. Following a review of the draft decision resulting in a few minor changes, Jason Farrell moved to authorize Peter Garon to sign the decision in its final form on behalf of the Development Review Board. The motion was seconded by Brent Rakowski with all voting in favor.

3.  Pending Decision – James Amblo, 89 South Water Street, Subdivision

As directed, Zoning Administrator Hawley drafted an affirmative decision approving the request by James Amblo to subdivide his property on South Water Street into two lots. Following a review of the draft decision resulting in a few minor changes, Steve Rapoport moved to authorize Peter Garon to sign the decision in its final form on behalf of the Development Review Board. The motion was seconded by Lowell Bertrand with all voting in favor.

4.  Pending Decision – Scott Hardy, 184/186 Green Street, Modification of Subdivision

As directed, Zoning Administrator Hawley drafted an affirmative decision approving the request by Scott Hardy to modify the subdivision approval involving his property on Green Street from two lots to three lots; the third lot located in the rear of the property must merge with either lot or with an abutting property. Following a review of the draft decision resulting in a few minor changes, Tim Cook moved to authorize Peter Garon to sign the decision in its final form on behalf of the Development Review Board. The motion was seconded by Jason Mullin with all voting in favor.

5.  Review and accept minutes of previous meeting

The minutes to the regular meeting of December 4, 2017 were reviewed. Steve Rapoport moved to approve the minutes as corrected. The motion was seconded by Lowell Bertrand with all voting in favor.

6.  Report of Zoning Administrator – none

7.  Other Business

At the last meeting, the Board decided to change its regular meeting schedule from the first Monday of the month to the third Monday of the month. Zoning Administrator Hawley prepared a proposed amendment to the rules of procedure involving this change and included it in the agenda packet. Jason Farrell moved to approve the amendment to the rules of procedure relative to the regular meeting schedule. The motion was seconded by Don Peabody with all voting in favor.

Brett Rakowski departed at this time.

8.  Deliberative Session – Scott Hardy, Comfort Hill, 4-Lot Subdivision

The Development Review Board conducted a deliberative session regarding the application by Scott Hardy involving his proposed 4-Lot subdivision on Comfort Hill which concluded with Lowell Bertrand making a motion that Zoning Administrator Hawley be directed to draft an affirmative decision for review at the next meeting. The motion was seconded by Steve Rapoport with all voting in favor.

9.  Adjournment

At 7:55 p.m. Tim Cook moved to adjourn the meeting. The motion was seconded by Lowell Bertrand with all voting in favor.

Respectfully submitted,

Mel Hawley

Acting Recording Secretary