TOWN OF DERBY
PLANNING COMMISSION
MEETING MINUTES ARCHIVE
MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle, Cynthia Adams.
MEMBERS ABSENT: Richard Del Favero.
OTHERS PRESENT: Matthew MacFarlane, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Aug 16) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Chair Joe Profera reopened application 09-145 by Main Street Place LLC, PIN #MSTDL011A6L & #MSTDL013A6L, for site plan approval to raze the existing buildings, level the site, and build a mini-mart with motor fuels, canopy, tanks, fuel dispensers and restaurant with sit down. This property is located at 50 – 58 Main Street, Derby Line and is in the Village Commercial/Derby Line zoning district. The Zoning Administrator informed the board that the applicant has requested that the hearing be table for 2 week so that he can correct errors in the site plan. Dave LaBelle made a motion to table application 09-145 by Main Street Place LLC until 7:00 p.m. September 13, 2010 here in the municipal building. Seconded by Jim Bumps. Approved by a unanimous decision.
Chair Joe Profera opened the hearing for application 10-087 by NCHJHS, PIN #SMSDC026G5CTXM, for site plan approval for an 18 ft by 64 ft greenhouse for special programs. This property is located at 57 Junior High Drive. Matthew MacFarlane was present to explain the request. It is a used greenhouse with a metal loop frame and plastic cover. The plastic needs to be replaced. Initially it will not be heated and water will be fed to the greenhouse from a hose. There will be raised beds in the greenhouse for growing plants. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 10-087 by NCHJHS. Seconded by Jim Bumps. Approved by a unanimous decision. The Commission has 45 days to render a decision and the applicant will be notified when a decision has been made.
After deliberations Cynthia Adams made a motion to grant site plan approval for application 10-087 by NCHJHS, PIN #SMSDC026G5CTXM, for site plan approval for an 18 ft by 64 ft greenhouse for special programs as submitted (see attached written decision). Seconded by Jim Bumps. Approved by a unanimous decision.
The commission discussed prior unapproved minutes and decided that the following should be added to the July 19, 2010 minutes after the approval of the June 7th minutes and prior to the motion to open the hearing for application 09-145:
“In discussing whether application 09-145 by Main Street Place LLC should be before the Commission, Chair Joe Profera was concerned that because of §208.4 conditional use approval should be granted prior to coming before the Planning Commission for site plan approval. Chair Joe Profera was also concerned that because of §402.1 150 ft of road frontage is required and this project does not have 150 ft of frontage.”
8:30 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision August 30, 2010 OWNER: NCUJHS MEETING DATE: August 30, 2010 APPLICATION #: 10-087 This decision pertains to site plan approval for application 10-087 by NCUJHS, PIN #SMSDC026G5CTXM, for a 64 ft by 18 ft greenhouse for special programs. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on August 30, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-087 by NCUJHS for a 64 ft by 18 ft greenhouse as submitted. Those in favor: Joe Profera, Dave LaBelle, Jim Bumps, Cynthia Adams. Those in opposition: None. Dated in Derby, Vermont this 30th day of August 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 8/10/2010 Application A-2 8/10/2010 Abutters map A-3 8/10/2010 Abutters list A-4 8/10/2010 Site plan Town Date Description T-1 8/11/2010 Certificate of mailing T-2 8/19/2010 ZA's comments
MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Cynthia Adams, Richard Del Favero.
OTHERS PRESENT: None.
7:00 p.m.: Chair Joe Profera called the meeting to order.
The Commission discussed possible bylaw amendments and regulations to protect the lakes in Derby. No action was taken.
7:30 p.m.: Upon a motion by Dave LaBelle and seconded by Jim Bumps, the meeting was adjourned.
MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle, Richard Del Favero.
MEMBERS ABSENT: Cynthia Adams.
OTHERS PRESENT: Dennis Kelley, Frank Davis, Bill Simendinger, Karen Jenne, Gordon Alexander, John Burgess, Kim Gilding, Jake Wheeler, Richard Creaser, Lynn Batchelor, Chris Blais, Melody Ricard, Nancy Olney, Andre Ricard, Gary Olney, Keith Beadle, Charlotte Hickcox, Greg Lucas, Laura Carpenter, Lois Major, Andy Major, Lewis Rose, Jane Lucas, Joseph Lucas, Mitch Wonson, Roland Roy, Perry Hunt, ZA Bob Kelley.
6:00 p.m.: There was a site visit at 50 & 58 Main Street, Derby Line for application 09-145 by Main Street Place LLC. Present at the site visit were Jim Bumps, Dave LaBelle, Richard Del Favero, Bill Simendinger, Gordon Alexander, Dennis Kelley, Karen Jenne, Perry Hunt, Roland Roy, Richard Creaser, Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (July 19) as written. There was no second. It was felt that Joe Profera’s speech about why the Commission should not hear application 09-145 by Main Street Place should be added to the minutes before approving them.
Chair Joe Profera read the warning for application 10-070 by Michael H Dunn Trust, PIN #TRD06041A2T & #TRD17001A1T & #TRD17002A1T, for preliminary and final plat review for a 3 lot subdivision. Lot #1 is 9.0 ac, lot #2 is 1.2 ac and lot #3 is 430 ac. This property is located at 2 & 386 Woodlawn Ave and is in the Shoreland and Rural Residential zoning districts. Jake Wheeler & Kim Gilding were present to explain the request. Status of the roads at the end of Eagle Point Road was questioned by Dennis Kelley and Frank Davis. John Burgess spoke out in favor of the subdivision. Well and septic locations were reviewed. After all questions were answered Richard Del Favero made a motion to close the hearing on application 10-070 by Michael H Dunn Trust. Seconded by Jim Bumps. Approved by a unanimous decision. The Commission has 45 days to render a decision and the applicant will be notified when a decision has been made.
Dave LaBelle made a motion to reopen application 09-145 by Main Street Place LLC, PIN #MSTDL011A6L & #MSTDL013A6L, for site plan approval to raze the existing buildings, level the site, and build a mini-mart with motor fuels, canopy, tanks, fuel dispensers and restaurant with sit down. This property is located at 50 – 58 Main Street, Derby Line and is in the Village Commercial/Derby Line zoning district. Bill Simendinger was present to explain the request. He submitted a letter from his attorney outlining the reasons why he feels the 150 ft of frontage requirement does not apply to his application. Among other things discussed were traffic and stormwater. Mitch Wonson, representing the Village of Derby Line disagreed with most of the points Mr. Simendinger expressed. Dennis Kelley was concerned with the proposed stacking lane for customs. Frank Davis was concerned with erosion of the bank by snow melt. Chris Blais was concerned with pollution of the river. Connecting to the Village’s stormwater system is not an option as the Village’s system is inadequate to handle the existing stormwater flows according to Trustee Keith Beadle. The Commission felt that potential erosion from stormwater is not adequately addressed by the current site plan. In order to give the applicant time to adequately address their concerns regarding erosion from stormwater runoff Dave LaBelle made a motion to table application 09-145 by Main Street Place LLC until 7:00 p.m. August 30, 2010 here in the municipal building. Seconded by Jim Bumps. Approved by a unanimous decision.
After deliberations Dave LaBelle made a motion to grant final plat approval for application 10-070 by Michael H Dunn Trust, PIN #TRD06041A2T & #TRD17001A1T & #TRD17002A1T, for a 3-lot subdivision as submitted with the condition that a mylar of the approved subdivision plat must be filed with the Derby Town Clerk within 180 days of this decision (see attached written decision). Seconded by Jim Bumps. Approved by a unanimous decision.
8:16 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
TOWN OF DERBY PLANNING COMMISSION
Site Plan Review
Findings of Fact, Conclusion of Law & Decision
August 2, 2010
OWNER: Michael H Dunn Trust
MEETING DATE: August 2, 2010
APPLICATION #: 10-070
This decision pertains to site plan approval for application 10-070 by Michael H Dunn Trust, PIN #TRD06041A2T & #TRD17001A1T & TRD17002A1T, for a 3 lot subdivision. Lot #1 – 9 ac, lot #2 – 1.2 ac, and lot #3 – 430 ac.
FINDINGS OF FACT
Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on August 2, 2010 the Town of Derby Planning Commission makes the following Findings of Fact:
General Information
This Application
CONCLUSION OF LAW
Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:
1.) Adequacy of traffic access;
Adequate as submitted.
2.) Circulation and parking;
Adequate as submitted.
3.) Landscaping, screening and any adopted greenspace plan;
Adequate as submitted.
4.) The utilization of renewable energy resources;
Adequate as submitted.
5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use;
Adequate as submitted.
6.) The implementation and furtherance of the Town Plan;
Adequate as submitted.
7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program;
Adequate as submitted.
8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development;
Adequate as submitted.
9.) Any other factor relating directly to the development proposal;
This application meets all the subdivision regulation criteria.
DECISION
The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan and final plat approval for application 10-070 by Michael H Dunn Trust for a 3-lot subdivision as submitted with the following condition.
Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps.
Those in opposition: None.
Dated in Derby, Vermont this 2nd day of August 2010.
Town of Derby Planning Commission
Joe Profera, Chair
An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250.
If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).
This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.
EXHIBIT LIST
|
Applicant |
Date |
Description |
|
A-1 |
7/7/2010 |
Application |
|
A-2 |
7/7/2010 |
Narrative |
|
A-3 |
7/7/2010 |
Abutters list |
|
A-4 |
7/7/2010 |
Cover letter |
|
A-5 |
7/7/2010 |
Subdivision survey |
|
Town |
Date |
Description |
|
T-1 |
7/14/2010 |
Certificate of Mailing |
|
T-2 |
7/15/2010 |
ZA's comments |
MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle, Richard Del Favero, Cynthia Adams.
MEMBERS ABSENT: None.
OTHERS PRESENT: Bill Simendinger, Lynn Batchelor, Chris Blais, Keith Beadle, Karen Jenne, Diane Beadle, Richard Greaser, Nancy Olney, Don Buschman, Harry Porter, Gary Olney, Melody Ricard, Andre Ricard, Frank Davis, Mitch Wonson, Roland Roy, Dennis Kelley, Laura Carpenter, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Jun 7) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
In discussing whether application 09-145 by Main Street Place LLC should be before the Commission, Chair Joe Profera was concerned that because of §208.4 conditional use approval should be granted prior to coming before the Planning Commission for site plan approval. Chair Joe Profera was also concerned that because of §402.1 150 ft of road frontage is required and this project does not have 150 ft of frontage.
Dave LaBelle made a motion to open the hearing for application 09-145. Seconded by Cynthia Adams, Approved by a unanimous decision.
Chair Joe Profera read the warning for application 09-145 by Main Street Place LLC, PIN #MSTDL011A6L & #MSTDL013A6L, for site plan approval to raze the existing buildings, level the site, and build a mini-mart with motor fuels, canopy, tanks, fuel dispensers and restaurant with sit down. This property is located at 50 – 58 Main Street, Derby Line and is in the Village Commercial/Derby Line zoning district. Bill Simendinger was present to explain the request. Mr. Simendinger - §402.1 of the bylaw does not apply to a mini mart, traffic is improved with the addition of the stacking lane for customs, circulation is adequate on the lot, landscaping was kept low due to customs, the dumpster is screened, it does not change the character of the area, storage tank is 20,000 gallons category 1 tank, maximum of 3-4 fuel deliveries per week, onsite public parking to replace lost parking due to stacking lane, max 3 employees on largest shift, sign internally lit, usually open 6 a.m. to midnight, would like the option to be open 24 hrs, exterior lighting is down lit LED, 1,000 gallon oil separator, stormwater drains to the rear, no figures on stormwater flow, and all construction including contour changes will be on his property only. Testimony from the public: Mitch Wonson (agent for the Village of Derby Line Trustees) - §402.1 does apply, stacking lane has not been approved by trustees, significant potential for congestion and safety problems, landscaping is minimal, 10 ft green strip not around entire property, character of area will be adversely affected, proposal is too intense for the site, will lose 9 housing unit and 11 existing full time jobs, does not meet the town plan, unknown impacts on Tomifobia River from potential leaks from storage tank, runoff and erosion currently a problem on the site, and stormwater discharge is not adequately addressed. Keith Beadle – Boundary treaty between U.S.A. and Canada not to pollute the river and stormwater runoff may need state permit. Buzzy Roy – exterior stairway to his building is attached to Caswell building. Chris Blais – adverse impact on traffic, adverse impact on character of area, goes against town plan and safety issues for pedestrians and bikes. Don Bushman/Karen Jenne (agents for cemetery) – concerns with bank erosion, effect on serenity of cemetery, and location of storage tanks in relation to waterlines. Dennis Kelley – there will be more lights, more noise, will compound traffic problems, and more dangerous for pedestrians. Frank Davis – more dangerous for pedestrians. Melody Ricard – does not like change to on street parking. Dave LaBelle made a motion to table the hearing on application 09-145 by Main Street Place LLC for a site visit at 6:00 p.m. August 2, 2010 and to reconvene the hearing at 7:00 p.m. August 2, 2010 here in the municipal building. Seconded by Richard Del Favero. Approved by a unanimous decision.
8:55 p.m.: Upon a motion by Dave LaBelle and seconded by Cynthia Adams, the meeting was adjourned.
The minutes were taken by Bob Kelley.
MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Richard Del Favero, Cynthia Adams.
OTHERS PRESENT: Scott Webster, ZA Bob Kelley.
6:30 p.m.: There was a site visit at 35 Junior High Drive for application 10-038 by Town of Derby. Present at the site visit were Joe Profera, Jim Bumps, Dave LaBelle, Bob Kelley, Allen Yale.
7:05 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (May 24) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 10-040 by Regis Beloin, PIN #NDRT5078F5C, for a 14 ft by 28 ft garage. This property is located at 3229 US Route 5 and is in a Village Commercial/Derby Center zoning district. The applicant was not present. The Commission did not have any questions regarding the application. There was no testimony from interested parties. Jim Bumps made a motion to close the hearing on application 10-040 by Regis Beloin. Seconded by Dave LaBelle. Approved by a unanimous decision. The Commission has 45 days to render a decision and the applicant will be notified when a decision has been made.
Dave LaBelle made a motion to reopen application 10-038 by the Town of Derby, PIN #SMSDC126E5CTXM, for a handicap access ramp and interior renovations to convert the building to a museum. This property is located at 35 Junior High Drive. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 10-038 by the Town of Derby. Seconded by Jim Bumps. Approved by a unanimous decision. The Commission has 45 days to render a decision and the applicant will be notified when a decision has been made.
Scott Webster was present to discuss an issue of using his RV while it is parked in his yard. He would like to let his children/parents use it for the summer. It is hooked up to water, sewer, electric and cable. The zoning administrator feels this constitutes a second dwelling unit on the lot and it is not allowed. The Commission would like some time to review the bylaw and will discuss this further at their next meeting.
Bob Kelley handed out drafts of proposed amendments to the first 3 sections of the bylaw for the Commission to review for their next meeting.
After deliberations Dave LaBelle made a motion to grant application 10-038 by the Town of Derby, PIN #SMSDC126E5CTXM, for interior renovations to convert the building to a museum and that the proposed handicap access ramp does not require a permit (see attached written decision). Seconded by Jim Bumps. Approved by a unanimous decision.
After deliberations Dave LaBelle made a motion to grant application 10-040 by Regis Beloin, PIN #NDRT5078F5C, for a 14 ft by 28 ft garage as submitted (see attached written decision). Seconded by Jim Bumps. Approved by a unanimous decision.
8:30 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
The minutes were taken by Bob Kelley.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision 6/7/2010 OWNER: Town of Derby MEETING DATE: May 24, 2010 APPLICATION #: 10-038 This decision pertains to site plan approval for application 10-038 by the Town of Derby, PIN #SMSDC126E5CTXM, for a handicap access ramp and to change the use of the building to a museum. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on May 24, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-038 by the Town of Derby to change the use to a museum as submitted and the handicap access ramp does not require a permit. Those in favor: Joe Profera, Dave LaBelle, Jim Bumps. Those in opposition: None. Dated in Derby, Vermont this 7th day of June 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 5/10/2010 Application A-2 5/10/2010 Abutters list A-3 5/10/2010 Site plan Town Date Description T-1 5/10/2010 Certificate of mailing T-2 5/12/2010 ZA's comments
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision 6/7/2010 OWNER: Regis Beloin MEETING DATE: June 7, 2010 APPLICATION #: 10-040 This decision pertains to site plan approval for application 10-040 by Regis Beloin, PIN #NDRT5078F5C, for a 14 x 28 1-car garage. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on June 7, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-040 by Regis Beloin for a 14 x 28 1-car garage as submitted. Those in favor: Joe Profera, Dave LaBelle, Jim Bumps. Those in opposition: None. Dated in Derby, Vermont this 7th day of June 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 5/17/2010 Application A-2 5/17/2010 Abutters list A-3 5/17/2010 Site plan Town Date Description T-1 5/20/2010 Certificate of mailing T-2 5/24/2010 ZA's comments
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Cynthia Adams.
OTHERS PRESENT: Mary Cargill, Dorothy Brainard, Myron Brainard, Clifton Cargill, Josh Provost, Allen Yale, Mitch Wonson, Marlie Rouleau, Brent Hilliard, David Ring, ZA Bob Kelley.
6:30 p.m.: A site visit was conducted prior to tonight’s meeting for application 10-025 by NCUHS District with the following present: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Brent Hilliard, David Ring, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (May 10) as written. Seconded by Richard Del Favero. Approved by a unanimous decision.
Dave LaBelle made a motion to reopen application 10-021 by Joshua Provost & Brian Carpenter. Chair Joe Profera read the warning for application 10-021 by Joshua Provost & Brian Carpenter, PIN #RT005007E5T, for a 50 ft by 32 ft repair shop with a 10 ft by 10 ft breezeway connecting it to their main building. This property is located at 2506 US Route 5 and is in a Commercial zoning district. This application was tabled from the April 26, 2010 meeting. Josh Provost was present to explain the request. Parking, lighting, landscaping and paving were discussed. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 10-021 by Joshua Provost & Brian Carpenter. Seconded by Richard Del Favero. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
Chair Joe Profera read the warning for application 10-038 by the Town of Derby, PIN #SMSDC126E5CTXM, for a handicap access ramp and interior renovations to convert the building to a museum. This property is located at 35 Junior High Drive. Allen Yale was present to explain the request. Parking and location of the handicap ramp was discussed. It was asked if the ramp could be moved to the rear of the building. Because of the size of the lot an easement would be need from the school. Mr. Yale said he would discuss it when he meet with the school board. The Commission felt a site visit would be beneficial. There was no testimony from interested parties. Dave LaBelle made a motion to recess the hearing on application 10-038 by the Town of Derby for a site visit at 6:30 p.m. on June 7, 2010 and to reconvene the hearing here in the Municipal Building at 7:00 p.m. on June 7, 2010. Seconded by Richard Del Favero. Approved by a unanimous decision.
Marlie Rouleau was present and explained that this is a very busy time of the year for Kevin Barrup and he would not be able to attend a meeting until sometime in July. She requested that his application be tabled. Dave LaBelle made a motion to table application 10-008 by Kevin Barrup. Seconded by Jim Bumps. Approved by a unanimous decision with Richard Del Favero abstaining. Mr. Barrup is to coordinate with the Zoning Administrator to rewarn the hearing when he is available.
Chair Joe Profera read the warning for application 10-025 by NCUHS District, PIN #TRD44024J2T1, for site plan approval for a school bus terminal with a 100 ft by 40 ft maintenance building. This property is located at 145 Citizens Road and is in an Industrial/Commercial zoning district. Brent Hilliard and David Ring were present to explain the request. There is an existing ACT 250 permit issues for this lot and they will be amending it for this project. Fire protection was a concern because there may be no review of this criteria during the ACT 250 process. The wetlands have been delineated. The existing wastewater system is designed for 2 lots with a total capacity of 1,220 gpd and this project will need only 300 gpd leaving a potential 920 gpd for the second lot. There will be some fill added to the lot and the slope across the lot from north to south will be a 2% grade. The R.O.W. access is gravel. Landscaping and greenstrips were also discussed. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 10-025 by NCUHS District. Seconded by Jim Bumps. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
After deliberations Jim Bumps made a motion to grant site plan approval for application 10-021 by Joshua Provost & Brian Carpenter, PIN #RT005007E5T, for a 50 ft by 32 ft repair shop with a 10 ft by 10 ft breezeway connecting it to their main building with the condition that both access driveways must be paved in a minimum of 25 ft from the edge of the existing Route 5 pavement (see attached written decision). Seconded by Dave LaBelle. Approved by a unanimous decision.
After deliberations Jim Bumps made a motion to grant site plan approval for application 10-025 by NCUHS District, PIN #TRD44024J2T1, for site plan approval for a school bus terminal with a 100 ft by 40 ft maintenance building with the following conditions. 1) The access road off of Citizens Road must be paved in a minimum of 25 ft from the edge of the existing Citizens Road pavement, 2) The Fire Chief must, in writing, approve the site plan for adequacy of fire protection (see attached written decision). Seconded by Dave LaBelle. Approved by a unanimous decision.
The Commission decided not to work on bylaw amendments tonight. It was discussed that Cynthia Adams will not be at meetings this summer due to a conflict with a course she is teaching at CCV.
8:20 p.m.: Upon a motion by Dave LaBelle and seconded by Jim Bumps, the meeting was adjourned.
The minutes were taken by Bob Kelley.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision May 24, 2010 OWNER: Joshua Provost & Brian Carpenter MEETING DATE: May 24, 2010 APPLICATION #: 10-021 This decision pertains to site plan approval for application 09-21 by Joshua Provost & Brian Carpenter for a 50 ft by 32 ft repair shop addition with a 10 ft by 10 ft breezeway connecting it to the main building. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on May 24, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Gravel access driveways tend to track gravel onto the Town road and this is a potential safety issue. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-021 by Joshua Provost & Brian Carpenter for a 50 ft by 32 ft repair shop addition with a 10 ft by 10 ft breezeway attaching it to the main building as submitted with the following condition. Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps. Those in opposition: None. Dated in Derby, Vermont this 24th day of May 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 4/7/2010 Application A-2 4/7/2010 Abutter's list A-3 4/7/2010 Site Plan A-4 4/7/2010 Areal Photo A-5 4/7/2010 Photo of building location Town Date Description T-1 4/7/2010 Certificate of service T-2 4/19/2010 ZA's comments
TOWN OF DERBY PLANNING COMMISSION
Site Plan Review
Findings of Fact, Conclusion of Law & Decision
May 24, 2010
OWNER: NCUHS District
MEETING DATE: May 24, 2010
APPLICATION #: 10-025
This decision pertains to site plan approval for application 10-025 by NCUHS District, PIN #TRD44024J2T1, for a bus terminal with a 40 ft by 100 ft maintenance building.
FINDINGS OF FACT
Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on May 10, 2010 and May 24, 2010 the Town of Derby Planning Commission makes the following Findings of Fact:
General Information
This Application
CONCLUSION OF LAW
Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:
1.) Adequacy of traffic access;
Gravel access roads tend to track gravel onto the Town road and this is a potential safety issue.
2.) Circulation and parking;
Adequate as submitted.
3.) Landscaping, screening and any adopted greenspace plan;
Adequate as submitted.
4.) The utilization of renewable energy resources;
Adequate as submitted.
5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use;
Adequate as submitted.
6.) The implementation and furtherance of the Town Plan;
Adequate as submitted.
7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program;
Without review by the Fire Chief the impact on the fire department is not known.
8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development;
Adequate as submitted.
9.) Any other factor relating directly to the development proposal;
Adequate as submitted.
DECISION
The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-025 by North Country Union High School District, PIN #TRD44024J2T1 for a school bus terminal with a 40 ft by 100 ft maintenance building as submitted with the following conditions.
Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps.
Those in opposition: None.
Dated in Derby, Vermont this 24th day of May 2010.
Town of Derby Planning Commission
Joe Profera, Chair
An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250.
If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).
This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.
EXHIBIT LIST
|
Applicant |
Date |
Description |
|
A-1 |
4/12/2010 |
Application |
|
A-2 |
4/12/2010 |
Master site plan |
|
A-3 |
4/12/2010 |
Detail site plan |
|
A-4 |
4/12/2010 |
Landscape plan |
|
A-5 |
4/12/2010 |
Bus terminal building plans |
|
A-6 |
4/12/2010 |
Construction details |
|
A-7 |
4/12/2010 |
Miscellaneous details |
|
A-8 |
4/12/2010 |
Lighting site plan |
|
A-9 |
4/12/2010 |
Detail site plan w/bus parking |
|
|
|
|
|
Town |
Date |
Description |
|
T-1 |
4/22/2010 |
Certificate of mailing |
|
T-2 |
5/5/2010 |
ZA's comments |
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.
MEMBERS ABSENT: None.
OTHERS PRESENT: Madeleine Roy, Rachel Ducharme, Dwight Abbott, Brent Hilliard, David Ring, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes of the April 12, 2010 meeting as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Dave LaBelle made a motion to approve the minutes to the last meeting (Apr 26) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 10-024 by Michael Blake, PIN #MSTDL006A6L, for site plan approval to change the use of a portion of the building to a restaurant. This property is located at 43 Main Street, Derby Line and is in the Village Commercial/Derby Line zoning district. Rachel Ducharme was present to explain the request. She will be open 6 days a week, the sign will not be lit, parking is on street public parking, and all State permits are in place. There was no testimony from interested parties. Cynthia Adams made a motion to close the hearing on application 10-024 by Michael Blake. Seconded by Dave LaBelle. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
Chair Joe Profera read the warning for application 10-025 by NCUHS District, PIN #TRD44024J2T1, for site plan approval for a school bus terminal with a 100 ft by 40 ft maintenance building. This property is located at 145 Citizens Road and is in an Industrial/Commercial zoning district. Brent Hilliard and David Ring were present to explain the request. 2/3 of the building will be bus bays and the other 1/3 will be office/storage/break room. There is an existing mound system for wastewater disposal. There will be less than 1 acre of impervious area, so a State stormwater permit is not required. There will be 2 – 24 ft wide access driveways and room to park 19 busses and 20 cars. During the day there will be 2 employees onsite. The bus bays are for minor maintenance and not major repairs. All exterior lights are down lit. The Commission felt a site visit would be beneficial. There was no testimony from interested parties. Richard Del Favero made a motion to recess the hearing on application 10-025 by NCUHS District for a site visit at 6:30 p.m. May 24, 2010 and to reconvene the hearing at 7:00 p.m. May 24, 2010 here in the municipal building. Seconded by Dave LaBelle. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 10-027 by Abbott Equities, PIN #NDRT5031G3T, for site plan approval for a temporary construction office & storage area for Comcast Cable until the end of August. This property is located at 4730 US Route 5 and is in a Commercial zoning district. Dwight Abbott was present to explain the request. They are leasing the land to a company that is upgrading Comcast’s lines throughout the area and they have multiple crews working on the project. They expect to be completed by the middle of August and it will take them a couple of weeks to clean up. Access was discussed. There was no testimony from interested parties. Cynthia Adams made a motion to close the hearing on application 10-027 by Abbott Equities. Seconded by Dave LaBelle. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
After deliberations Cynthia Adams made a motion to grant site plan approval for application 10-024 by Michael Blake, PIN #MSTDL006A6L, for site plan approval to change the use of a portion of the building to a restaurant as submitted (see attached written decision). Seconded by Jim Bumps. Approved by a unanimous decision.
After deliberations Dave LaBelle made a motion to grant site plan approval for application 10-027 by Abbott Equities, PIN #NDRT5031G3T, for site plan approval for a temporary construction office & storage area for Comcast Cable upgrade with the following conditions. 1) This use is permitted as a temporary use until the end of August 2010, 2) Any future use of this property after this temporary use has ceased will require a permit (see attached written decision). Seconded by Jim Bumps. Approved by a unanimous decision.
The Commission reviewed their mail and decided not to work on bylaw amendments tonight.
8:25 p.m.: Upon a motion by Dave LaBelle and seconded by Cynthia Adams, the meeting was adjourned.
The minutes were taken by Bob Kelley.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision May 10, 2010 OWNER: Michael Blake MEETING DATE: May 10, 2010 APPLICATION #: 10-024 This decision pertains to site plan approval for application 10-024 by Michael Blake, PIN #MSTDL006A6L, to change the use of a portion of the first floor to restaurant. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on May 10, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-024 by Michael Blake, PIN#MSTDL006A6L, for a 20 seat restaurant as submitted. Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps, Cynthia Adams. Those in opposition: None. Dated in Derby, Vermont this 10th day of May 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 4/12/2010 Application A-2 4/12/2010 Abutters list A-3 4/12/2010 Site plan Town Date Description T-1 4/22/2010 Certificate of mailing T-2 5/5/2010 ZA's comments
MEMBERS PRESENT: Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Joe Profera, Richard Del Favero, Cynthia Adams.
OTHERS PRESENT: Randy Dutil, ZA Bob Kelley.
7:04 p.m.: Vice-Chair Dave LaBelle called the meeting to order.
At the applicants request Jim Bumps made a motion to table application 10-021 by Joshua Provost & Brian Carpenter until 7:00 pm, May 24, 2010 here in the municipal building. Seconded by Dave LaBelle. Approved by a unanimous decision.
At the applicants request Jim Bumps made a motion to table application 10-008 by Kevin Barrup until 7:00 pm, May 24, 2010 here in the municipal building. Seconded by Dave LaBelle. Approved by a unanimous decision.
Due to a lack of a quorum bylaw amendments were not discussed.
Randy Dutil was present to discuss the bylaw and how they relate to issues in his neighborhood.
7:35 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
The minutes were taken by Bob Kelley.
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Cynthia Adams.
OTHERS PRESENT: Clifton Cargill, Mary Cargill, Myron Brainard, Dorothy Brainard, Richard Dubois, Jim Mulkin, Rodney Barrup, Kevin Barrup, Lindsay Brainard, ZA Bob Kelley.
The following people were present at the 6:30 site visit at the Barrup property prior to tonight’s meeting: Clifton Cargill, Mary Cargill, Myron Brainard, Dorothy Brainard, Rodney Barrup, Kevin Barrup, Eric Barrup, Joe Profera, Dave LaBelle, Jim Bumps, Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Mar 29) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Chair Joe Profera read the warning to reconvene the hearing for application 10-009 by James Mulkin, PIN #NDRT5042G3T, to redo the existing front façade, to enclose an existing canopied area, and to add new Chrysler signage to the building. This property is located at 4441 Route 5 and is in a Commercial zoning district. Jim Mulkin was present to explain the request. The footprint of the building is not changing, there is no change to the exterior lighting and one sign has been removed. Parking display cars on the green strip in the front was discussed. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 10-009 by James Mulkin. Seconded by Richard Del Favero. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
Chair Joe Profera read the warning to reconvene the hearing for application 10-008 by Kevin Barrup, PIN #RT111090H7T, for a residential business for auto sales with outside storage and an office in the existing barn. This property is located at 2888 VT Route 111 and is in the Rural Residential zoning district. Richard Del Favero vacated the table and recused himself due to a conflict of interest because he is an abutter. Kevin Barrup was present to explain the request. A letter from Mitch Wonson (representing Mr. Del Favero) was read asking that the hearing be tabled because Mr. Wonson could not be present tonight due to medical reasons. Mr. Brainard stated that this was the last meeting he would be attending and he was not in favor of the application because he did not think the project was appropriate for the neighborhood. Dave LaBelle made a motion to recess the hearing until 7:00 p.m., Monday, April 26, 2010 here in the municipal building. Seconded by Jim Bumps. Approved by a unanimous decision.
Reorganize the Commission:
Richard Del Favero rejoined the Commission. Dave LaBelle made a motion to elect Joe Profera as Chair. Seconded by Jim Bumps. Approved by a unanimous decision.
Jim Bumps made a motion to elect Cynthia Adams as Clerk. Seconded by Dave LaBelle. Approved by a unanimous decision.
Richard Del Favero made a motion to elect Dave LaBelle as Vice-Chair. Seconded by Jim Bumps. Approved by a unanimous decision.
Discussion began on possible bylaw amendments. ZA Bob Kelley handed out proposed changes to the Article 4: General Provision. The Commission approved changes to: Existing Small Lots; Required Frontage on, or Access to, Public Roads or Public Waters; Low and Moderate Income Housing; Accessory Dwelling Unit; Residential Group Homes; and Auto Service Stations-Auto Service Station/Mini Mart.
After deliberations, Dave LaBelle made a motion to grant site plan review for application 10-009 by James Mulkin, PIN #NDRT5042G3T, to redo the existing front façade, to enclose an existing canopied area, and to add new Chrysler signage to the building with the condition that parking of display vehicles in the greenstrip along Route 5 is prohibited (see attached written decision). Seconded by Richard Del Favero. Approved by a unanimous decision.
The Commission reviewed a proposal by Bob Kelley for a planning grant to get maps produced for the Town Plan and to digitize the zoning maps. Dave LaBelle made a motion to recommend applying for the grant. Seconded by Jim Bumps. Approved by a unanimous decision.
8:55 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
The minutes were taken by Bob Kelley.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision April 12, 2010 OWNER: James Mulkin MEETING DATE: March 15, 2010 & April 12, 2010 APPLICATION #: 10-009 This decision pertains to site plan approval for application 10-009 by James Mulkin, PIN #NDRT5042G3T, to redo the front façade, enclose an existing canopy, add Chrysler signage, and redesign the parking/display area in front of the building FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on March 15, 2010 and April 12, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-009 by James Mulkin as submitted with the following condition. 1. Parking of display vehicles in the greenstrip along Route 5 is prohibited. Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps. Those in opposition: None. Dated in Derby, Vermont this 12th day of April 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 2/17/2010 Application A-2 2/17/2010 Abutter's List A-3 2/17/2010 Site Plan A-4 2/17/2010 Elevation Plan A-5 2/17/2010 Existing Conditions Town Date Description T-1 2/24/2010 Certificate of mailing T-2 2/24/2010 ZA's Comments
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.
MEMBERS ABSENT: None.
OTHERS PRESENT: Bernard Royea, Tracey Royea, Jocelyne Capron, Kevin Barrup, Marlie Rouleau, Myron Brainard, Lindsay Brainard, Dorothy Brainard, Mary Cargill, Clifton Cargill, Mitch Wonson, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Cynthia Adams made a motion to approve the minutes to the last meeting (Mar 15) as written. Seconded by Dave LaBelle. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 10-008 by Kevin Barrup, PIN #RT111090H7T, for a residential business for auto sales with outside storage and an office in the existing barn. This property is located at 2888 VT Route 111 and is in the Rural Residential zoning district. Kevin Barrup was present to explain the request. Richard Del Favero recused himself from this application and sat with the general public because he is an abutting property owner. The display area beside the barn will be for 5 vehicles. The rest of the vehicles will be stored either behind the barn or inside the barn. He would usually have no more than 8 or 9 total vehicles for sales on the lot. He is a state licensed dealer and most of the sales are from the Internet. No new lighting or landscaping is proposed. There will be no employees that do not live on the property. The proposed office in the barn will be approx 10 x 10. He will be putting in 2 new windows and a door for the office. Mitch Wonson was present representing Richard Del Favero, he spoke out against the application and submitted a letter outlining Mr. DelFavero’s position. Points included incomplete site plan, no landscaping/screening, character of the area, inconsistent with Town Plan, and environmental impacts. He feels that the proposal does not comply with sections 209.1, 209.3 and 402.3 of the bylaw. Abutting property owners Myron Brainard, Dorothy Brainard and Clifton Cargill all spoke out against the project because they did not feel it was appropriate in the area. Dave LaBelle made a motion to recess application 10-008 by Kevin Barrup until 7:00 pm Monday, April 12, 2010 here in the municipal building with a site visit at 6:30 pm immediately before to the meeting. Seconded by Jim Bumps. Approved by a unanimous decision.
Richard Del Favero rejoined the Commission for the next application.
Chair Joe Profera read the warning for application 10-010 by Bernard & Tracey Royea, PIN #NDRT5061F4C, to convert a 16 ft by 40 ft section of cold storage into an additional auto service bay. This property is located at 3588 Route 5 and is in a Commercial zoning district. Mr. & Mrs. Royea were present to explain the request. They are simply adding another service bay, the only exterior alteration will be a new overhead door on the side of the building to access the new bay. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 10-010 by Bernard & Tracey Royea. Seconded by Richard Del Favero. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
Because the applicant was not present Richard Del Favero made a motion to table application 10-009 by James Mulkin, PIN #NDRT5042G3T, to redo the existing front façade, to enclose an existing canopied area, and to add new Chrysler signage to the building until 7:00 p.m. Monday, April 12, 2010 here in the Municipal Building. Seconded by Dave LaBelle. Approved by a unanimous decision.
After brief deliberations Richard Del Favero made a motion to grant site plan approval for application 10-010 by Bernard & Tracey Royea, PIN #NDRT5061F4C, to convert a 16 ft by 40 ft section of cold storage into an additional auto service bay as submitted (see attached written decision). Seconded by Dave LaBelle. Approved by a unanimous decision.
The Commission went into deliberative session to discuss application 10-008 by Kevin Barrup. Richard Del Favero left the room because of a conflict of interest.
After coming out of deliberative session Richard Del Favero rejoined the Commission.
Other Business: The Commission felt that there are some issues with the current bylaw that should be looked into and they felt this is a higher priority that working on the Town Plan. The agenda for their next meeting will be revised to replace working on the Town Plan with working on the bylaw.
Bob Kelley reported that Municipal Planning Grants must be submitted by April 30, 2010. Two possible projects would be to reapply for a grant to get maps produced for the Town Plan or to apply to get assistance for creating design control districts for both villages. The Commission elected to go for the maps.
8:25 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
The minutes were taken by Bob Kelley.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision March 29, 2010 OWNER: Bernard & Tracey Royea MEETING DATE: March 29, 2010 APPLICATION #: 10-010 This decision pertains to site plan approval for application 00-010 by Bernard & Tracey Royea, PIN #NDRT5061F4C, to convert a 16 x 40 section of existing cold storage into a service bay for auto repairs. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on March 29, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-010 by Bernard & Tracey Royer to convert a portion of the existing cold storage area into an additional auto service bay as submitted. Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps, Cynthia Adams. Those in opposition: None. Dated in Derby, Vermont this 29th day of March 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 3/2/2010 Application A-2 3/2/2010 Abutter's List A-3 3/2/2010 Site Plan Town Date Description T-1 3/2/2010 ZA's Comments T-2 3/9/2010 Certificate of Mailing
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.
MEMBERS ABSENT: None.
OTHERS PRESENT: Joseph Warantz, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Feb 15) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 10-006 by Midtown Estates LLC, PIN #NDRT5046G4T, to change the use of the second floor from offices to 4 studio apartments. This property is located at 4267 Route 5 and is in a Commercial zoning district. Joseph Warantz was present to explain the request. Due to the current economic times the 2nd floor offices have been vacant for the last year and is losing money on the property. He is still hoping to find tenants for the offices, but if not he would like to be able to convert them to apartments to improve his cash flow for the property. There was no testimony from interested parties. Cynthia Adams made a motion to close the hearing on application 10-006 by Midtown Estates LLC. Seconded by Dave LaBelle. Approved by a unanimous decision. The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.
ZA Bob Kelley informed the Commission that Mr. Mulkin called and requested that the Commission table his application because he is unable to attend tonight. Dave LaBelle made a motion to table application 10-009 by James Mulkin, PIN #NDRT5042G3T, to redo the existing front façade, to enclose an existing canopied area, and to add new Chrysler signage to the building until 7:00 p.m. Monday, March 29, 2010 here in the Municipal Building. Seconded by Richard Del Favero. Approved by a unanimous decision.
The Commission went into deliberative session to discuss the above application.
Upon returning from deliberative session Cynthia Adams made a motion to grant site plan approval for application 10-006 by Midtown Estates LLC, PIN #NDRT5046G4T, to change the use of the second floor from offices to 4 studio apartments as submitted (see attached written decision). Seconded by Dave LaBelle. Approved by a unanimous decision.
The Commission began work on the Town Plan. Cynthia Adams recommended a few changes to the Education section, which the Commission agreed with.
7:50 p.m.: Upon a motion by Richard Del Favero and seconded by Cynthia Adams, the meeting was adjourned.
The minutes were taken by Bob Kelley.
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision March 15, 2010 OWNER: Midtown Estates LLC MEETING DATE: March 15, 2010 APPLICATION #: 10-006 This decision pertains to site plan approval for application 10-006 by Midtown Estates LLC to convert the existing 2nd floor offices to 4 studio apartments and for 2 enclosed entries 4 ft by 10 ft each. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on March 15, 2010 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 10-006 by Midtown Estates LLC to convert the 2nd floor into 4 studio apartments and for 2 enclosed entries 4 ft by 10 ft each as submitted. Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps, Cynthia Adams. Those in opposition: None. Dated in Derby, Vermont this 15th day of March 2010. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 1/28/2010 Application A-2 1/28/2010 Abutters list A-3 1/28/2010 Project narrative A-4 1/28/2010 Site Plan A-5 1/28/2010 Narrative on Condition Use criteria Town Date Description T-1 2/3/2010 Certificate of mailing - ZBA T-2 2/4/2010 ZA's comments - Conditional Use T-3 2/4/2010 ZA's comments - Site Plan Review T-4 2/24/2010 Certificate of mailing - PC
MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Richard Del Favero, Cynthia Adams.
OTHERS PRESENT: ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Feb 1) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
Town Plan: The Commission worked on the Town Plan. Sections on Telecommunications Facilities, Recreation and Leisure, Conservation Commission, Development Trends and Impacts on Adjacent Towns, and Economic Development were finalized. Next review will begin with the Housing section.
8:10 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
The minutes were taken by Bob Kelley.
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle.
MEMBERS ABSENT: Cynthia Adams.
OTHERS PRESENT: Al Diem, Frank Davis, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Jan 18) as written. Seconded by Richard Del Favero. Approved by a unanimous decision.
Other Business: Al Diem was present to ask about zoning on his property next to the I91 on Schuler Road. Pike has approached him about using his land as a temporary asphalt plant. Pike has a contract to repave I91 and Main St/Caswell Ave in Derby Line. They estimate it will be a 3-year project. Currently the property is zoned Rural Residential ant this use is not allowed. The Commission was receptive to the idea of changing the zoning on the east side of the interstate to Commercial/Industrial and adding Hot Mix Plant as a conditional use. The west side of the interstate is currently zoned Com/Ind. The other possibility would be to allow Temporary Hot Mix Plants as a conditional use in the Rural Residential district if located within a specified distance from an interstate access. It was explained to Mr. Diem that it is approximately a 3-month process for a bylaw amendment and that the Selectboard has final approval. It was suggested that Mr. Diem may want to discuss this with the Selectboard before proceeding.
Town Plan: The Commission worked on the Town Plan. Sections on Village Commercial-Derby Center, TIF Districts, Sewer Service Districts, Greenspace, Non-conformities, and Mobile Home Parks were finalized. Next review will begin with the Telecommunications section.
9:20 p.m.: Upon a motion by Dave LaBelle and seconded by Jim Bumps, the meeting was adjourned.
The minutes were taken by Bob Kelley.
MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.
MEMBERS ABSENT: None.
OTHERS PRESENT: ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Dec 7) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
The Commission worked on the Town Plan. The section dealing with Overlay Districts was reviewed. Maps of the Source Protection Areas for the Derby Line and Beebe water supplies need to be found, Bob will look into this. TIFs were discussed and the status of the existing TIF district needs to be researched, Bob will look into this. Next review will begin with the Greenspace section.
8:50 p.m.: Upon a motion by Jim Bumps and seconded by Cynthia Adams, the meeting was adjourned.
The minutes were taken by Bob Kelley.