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 that they have been reviewed by the City Attorney. Zoning Administrator Hawley said City Attorney James Ouimette’s changes that have been incorporated are as recommended by the title insurance company he uses. The declaration is now written for 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 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 of 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 hearing is to be held on this project, 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 Mel Hawley was not present relative to Mr. Fisher’s plans to locate a food stand on Panton Road where Mr. Ed’s was once located. City Hall staff informed him that he did not need zoning approval. Jerry explained that they have a food trailer that is currently 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 is not requesting 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 application and site plan are 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, since the cart will be moved in and out on a regular basis, there is no land development occurring and, therefore, no zoning permit nor 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