Development Review Board Minutes 06-18-2018

CITY OF VERGENNES

DEVELOPMENT REVIEW BOARD

MINUTES

REGULAR MEETING

MONDAY, JUNE 18, 2018

Members Present: Peter Garon, Brent Rakowski, Jason Farrell, Tim Cook, Jason Mullin,

Don Peabody, Steve Rapoport

Members Absent: None

Meeting Guests: Jeff Fritz, Jill Strube, Paula Moore, Elise Shanbacker, Danelle Birong,

Jory Raphael, Robert Feuerstein

Present: Zoning Administrator Mel Hawley

The Development Review Board conducted a site visit of the property owned Scott Hardy on Comfort Hill at 6 p.m.

  1. Public Hearing – Dr. Maja Zimmerman and Peter Voorhees (Owner),Boys and Girls Club of Greater Vergennes (Applicant), 20 Armory Lane,Change Use from Medical Services Facility to Community Center, Site Plan Review, Conditional Use Review

Peter Garon read the public hearing notice and swore in Jeff Fritz, President of the Boys and Girl Club of Greater Vergennes, Executive Director Jill Strube, Board of Directors member Paula Moore, and Elise Shanbacker, Executive Director of Addison County Community Trust, representing the owners of Armory Lane Housing Limited Partnership. Jeff Fritz presented a supplemental sketch plan that showed the location of the proposed crushed stone path from the concrete sidewalk on Armory Lane toward the parking lot. There will be a painted crosswalk at the west end off the parking lot from the path to the sidewalk that runs along the front of the building. He reported the parking lot would be repaved at some point with parking spaces and sports courts delineated. Zoning Administrator Hawley read the letter from Lamoureux & Dickinson that concludes the traffic generated by the proposed project can be accommodated on the adjacent roadway network without creating undue traffic congestion or unsafe traffic safety. Jeff said that an updated count of attendees is twenty-seven on average and that the number of staff ranges from three to five. He said the parking lot is considerably larger than needed and a portion will be used for outdoor activities. There are currently 24 parking spaces delineated. Considerable discussion ensued about the number of parking spaces required by the regulations which is based on the number of patrons and/or square footage. Jill Strube said their patrons do not drive so the number of parking spaces based on the number of patrons seemed excessive in this instance. Jeff felt they needed fifteen delineated parking spaces and the balance of the lot would be used for sports courts. With no further discussion, Jason Farrell moved to close the public hearing and take the matter up in a deliberative session later in the meeting. The motion was seconded by Jason Mullin with all voting in favor.

2.  Jory and Stacy Raphael, 84 Green Street, Demolition of Accessory Structure in Historic Neighborhood District (see Section 1604.F.11)

Zoning Administrator Hawley explained that Jory and Stacy Raphael would like to tear down a deteriorated accessory structure on their property. The property is in the Historic Neighborhood District. In accordance with the specific standards for the district, prior approval from the Development Review Board is required. Jory Raphael presented an application which included a number of photos of the building. Section 1604.F.11 states that demolition of any building in the district which contributes to the historic or architectural significance of the Historic Neighborhood District shall not occur unless the public health and safety require the removal of the building or structure. It further states that demolition may be considered if the building does not contribute to the historic or architectural character of the district as determined by the Development Review Board. Zoning Administrator Hawley suggested the Development Review Board conduct a site visit. Brent Rakowski moved the application be deemed complete and that a public hearing be scheduled for July 16, 2018 at 7 p.m. with a site visit conducted prior to the hearing at 6:30 p.m. The motion was seconded by Tim Cook with all voting in favor.

3.  Kennedy Bros, Inc., 11 Main Street, Demolition of Tin Building and Boiler House, Site Plan Review

Robert Feuerstein reported his plans to construct a fairly substantial building on the property which would require removal of the tin building and boiler house. Zoning Administrator Hawley explained that a permit for the proposed demolition could be handled separately from future development plans. He said a prior discussion with the applicant seemed to conclude there was a desire to begin the demolition soon. Robert explained that demolition would not commence until the development plans were determined and that demolition would be incorporated in a future application. Robert said he would return with a plan at another time.

4.  Pending Decision – Denecker Real Estate Investments II, LLC (Owner),Rockfire 14, LLC (Applicant), 14 Main Street, Change Use from Motor Vehicle Sales to Manufacture, Storage, Distribution and Sale of Wine and Hard Ciders,band Retail Sales

As directed, Zoning Administrator Hawley drafted a decision reflecting approval of the application by Rockfire 14, LLC to change the use of the property at 14 Main Street from motor vehicle sales/enclosed service and repairs to warehouse and denial of the proposed retail in the front of the buildings due to the lack of a sufficient site plan to determine compliance with the specific standards for the district. Don Peabody 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 Steve Rapoport with all voting in favor except Brent Rakowski who recused himself from the vote as he disclosed that since the public hearing, his employer, Otter Creek Engineering, had been contracted to provide engineering services for the applicant.

5.  Pending Decision – 99 Panton Road, LLC (Owner), NPM Properties (Applicant), 99 Panton Road, Production of Alcohol Spirits, Retail/Tasting Room, Site Plan Review, Conditional Use Review, Local Act 250 Review

As directed, Zoning Administrator Hawley drafted an affirmative decision approving the application by NPM Properties. 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.

6.  Review and accept minutes of previous meetings

The minutes to the regular meeting of April 16, 2018 were reviewed. Tim Cook moved to approve the minutes as corrected. The motion was seconded by Brent Rakowski with all voting in favor. The minutes to the meeting of May 21, 2918 were not available for review.

7.  Deliberative Session – Dr. Maja Zimmerman and Peter Voorhees (Owner), Boys and Girls Club of Greater Vergennes (Applicant), 20 Armory Lane, Change Use from Medical Services Facility to Community Center, Site Plan Review, Conditional Use Review

The Development Review Board conducted a deliberative session regarding the application by the Boys and Girls Club of Greater Vergennes which concluded with Jason Farrell 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 Jason Mullin with all voting in favor.

8.  Other Business

Don Peabody asked about the exterior lights at the post office. Zoning Administrator Hawley reported that he has spoken to the Postmaster on two occasions. The lights at the loading dock are on all night and the light on the American flag should be changed to a spotlight as opposed to a floodlight.

9.  Report of the Zoning Administrator

Zoning Administrator Hawley reported that David Shlansky has filed an appeal to the Vermont Supreme Court of the decision by Superior Judge Thomas Durkin affirming the September 12, 2016 decision of the Development Review Board approving the application Mahaiwe, LLC including the condition on fencing.

10.  Adjournment

The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Mel Hawley

Acting Recording Secretary