again as i just mentioned a minute ago if you have not cited please do so there are two items on the agenda for tonight we are going to start off with the fifty  so thank you local matthew ok great ok this is a request for a discretionary permit it covers the construction of a nine hundred ninety square foot and a two thousand four hundred ninety square foot addition to an existing industrial project the nine hundred ninety square foot edition the smaller one was permitted administratively in twenty seventeen but is included in the submitted plan all along with the proposed future east edition and designation of the outdoor storage area just to show the overall final plan for the site as i said there is no proposed change in use you can see the additions proposed on the side and rear of the building both egypt additions extend over existing paved areas on the site and in the side and there is enclosed by a fence which is the area proposed to be designated on the site plan for outdoor storage  change to outdoor lighting no proposed changes to site landscaping or setbacks here everything's happening over existing pavement the outdoor storage use has existed on the property since at least two thousand and three that dates back to a time before the adoption of the current wilson development bylaws in two thousand and nine under the two thousand and nine bylaws and since then outdoor storage is permitted in certain zoning districts including this one as long as it's in a side and or yard and is on a quote question in approved site plan and staff has always interpreted approve statement planned to be approved site plan by the didn't development of the board as part of a discretionary permit so having that area designated on the site plan is an important part of the final plans going forward there are no proposed changes to parking on the site the site has twenty three parking spaces these are all outside of the fenced outdoor storage area there primarily to the front and side of the building if you look at the total building plus proposed additions that total building would not exceed fourteen thousand square feet where one parking space per thousand square feet would be the baseline parking generation for an industrial building so a minimum of fourteen parking spaces that's right currently has twenty three and that's not proposed to change and staff would recommend that seems to be a reasonable amount of parking to keep on the site going forward there are some offices within the building that might generate parking at a higher rate than the remainder of it the applicant has shown solid waste management trash and recycling containers on the plan those are inside of the fenced area and enclosed conforming to the standards in the bylaws we did receive review of the project from police fire and public works with no comments from the police department of public works commented only to say that they had no concerns about the proposal and the fire department commented to reference a few of their relevant plan review guidelines that should be kept in mind or with a final plan staff as looked at this in prepared recommended findings of fact conclusions of law and conditions of approval including reference to the public works of our memos for the consideration of the drug and for now i will leave it there great thank you dumpster start in the back which unlike some other neighbors you know they're all visible from the street so i would just because they have them even on the front of the building i would put it in the enclosure that's created that enclosure doesn't exist either i have a dumps just in the a body shop before and everything was clean and you know we keep it clean  but everybody started giving me a very with black road construction sixty eight ramble street so burlington vermont group welcome gentlemen to kansas you take her right op so this is a request for a discretionary permit for phase one of a forty unit residential development in the residential zoning district what's included in phase one is a combination of eight single family dwelling unit lots and fifteen attached units there's a network of streets a bike path landscaping etc that's also requested as part of this permit application by way of history so this is this project came for the board initially september two thousand and sixteen for pre application it went through growth management review in came for its first public airing for this permit on january the ninth it was continued to february the thirteenth and that was for the applicant to submit revised plans staff was also going to obtain a legal opinion and march or before we got to february thirteenth we were informed by public works that the plan set submitted didn't address all of their concerns and so this hearing was continued to tonight so that's how we we got to hear so the applicants have submitted our advice said of plants there's been you know a lot of back and forth between the staff and public works and the applicants consultants i did not get a revised set of comments from public works i know they were some of their concerns had to do with things like the depths of water lines and utility lines and things like that my understanding is that their concerns have largely been been resolved we did obtain a legal opinion in the legal opinion was specifically to address there's there's a provision in the covenants for the stuff which homeowners association having to do with subdivisions part of this application involves a boundary line adjustment  the legal opinion is that it's based on our regulations it's not considered to be a subdivision some of the members of the board had asked about the provisions of growth management and so we provided for you in your package what was submitted by the applicant as well as the score sheet that staff worked up as part of growth management last year in march of two thousand and seventeen  so that information is provided as well  couple of additional things one of the things that i noted in my review of the plan is that on west side of the it's not a circle it's a rectangle but a road that kind of makes a complete complete loop the lots of it there on the west side three of those lots have and you look so the west side on that map would be to the top so north this pointing kind of towards us so you can't see it on that sheet but if you were look in the plants when sheet number twenty when you look on the constraints page which has the north pointing to the top of the page you'll see that there are class two wetlands in class t this zoning district where there are individual lots that are created if we were in the red in the in the area which is where we typically see element like this the requirements of that zoning district are that constrained lands would have to be included in the open space that's not that's not a provision of this owning district so the concern is that class to outlands are protected and there's a required fifty foot buffer around a class two well there is a requirement that there be some kind of fencing or a woody buffer around the edges of that wetland buffer and that's you know a standard thing that i called for now by law and that we would recommend and the concern is that if you have a constrained area like that that's on an individual lot somebody goes and buys the watch they weren't here is part of this hearing none of that means anything to them and they get a brand new shiny lawn mower and they just decide that they're going to cut everything down so you want to have some kind of a barrier that that makes it difficult not impossible for them to do that the other thing is there should be a designated building on the wall on those lots that specifically excludes those wetlands and those wetland buffers and that's so that there aren't any ambitions to get a permit to build a structure in those wetlands or in those this is for the class to correct right because these so class three wetlands under our by law what are by law says is class three weapons may be protected so they are not  protected under state law which class two are class three may be protected or not if you fill class through outlands you typically have to get a permit from the army corps of engineer and they have provisions related to that as well but class two are are second sacrosanct and you got to stay out of them so the point about these lots of this you were class that circle that are like half full lots of it so those are not part of this permit this phase of the permit so that's a good piece of information to point out to the applicant that would need to be addressed duri permit ing for subsequent phases but but this is phase one so this permit is only covering phase one so the lots that have the heavier black line as well as those attached units down near the southern portion of the development that's and the and the road infrastructure associated with it that is what is part of this permit application so the permit covers what's called phase one which is there's a total of twenty one dwelling units and the road and other infrastructure water sewer lines etc that would be serve that portion of the develop so the the other roads that would serve the remaining of the development that's not covered as part of this perm so really the road just go the road goes goes in all the way to the last square makes a left and then dead ends up at the top right wrecked it's like gray zone is face to face two and three however however if it gets divided up and  piece and the reason is that you have an ordinance that requires a fifty foot setback from the seasonal stream across metcalf right here so in order to fit it in we did the bonnet just slid the road over as far as we could to maintain the fifty feet we actually have a little five feet of green space left and then to give us a little bit of space to work so the biggest change since we've been here first pass to do with the multifamily portion of the project with this portion here some of the neighbors expressed concerns about the fact that we might have duplexes or try plexus that we're backing up to put commonly single family neighborhood so what we've done is south ridge and we've basically slid it a little bit further to the north we provided some extensive landscaping along that bike path is detailed in the landscaping plan i think there's a six sheet set  landscaping plans that was done by boyle a landscaping plant also call out twenty three additional trees that are shown on the landscape plan to be field located in conjunction with the neighbors to pick the best box where they would provide the maximum amount of screening or protection for the existing houses so those could go on our property they could go on the individual lots of be up to those neighbors to the side just where the twenty three trees go it's a mix about the storm or on metcalf apparently there's been some issues in the past about some wet basements so there are strong water system backing up and public works and there consultants had a number of questions about the storm water system on metcalf so additional carriage basins as the number yes i think we have to get three things at the bottom we had to you know a portion of the way down that's all that's all the keep the want to run off from or reduce the runoff from running into the neighbor's property correct so we had to meet with this state wetlands division state storm water folks to make sure they were ok with this connecting that from the met caste system and put it directly and they we've worked through some of the issues we  town's consultant had finished his review and basically said he was good with all the changes that we had made so i'm not aware that there's really any outstanding issues whatsoever well let me just interrupt you for one second just check back in with ken here e mail exchanges around back and forth between the consultants and public works and i think with the state here that they're satisfied conservation committee we met weatherley on we could with all their suggested comments we read cans were by staff no it's we're we're fine with the proposed conditions we don't have any issues  bald again one thousand four hundred twenty three square feet being transferred from that existing lot to the road right away it would do says that walk from twenty thousand five ninety two hundred one thousand and one sixty nine which is still larger than  and that's about it as i noted we are fine with the conditions of approval as for goodbye stuff scott one thing that i would add put it in the staff notes is that it's where the bike path is proposed to be extended from the existing bike path so if you look at if you look at the geometry of what's proposed just imagine you're a cyclist and you're coming from coyote that's requiring you to take a hard left and then requiring you to take a hard right which i don't think makes any sense where the extension of the bike path ties into the existing system it should be as close to where that that l shaped turn is down on the left upper left it should be as close to that corner there as possible because it that geometry just it's not going to make sense to anybody in the field somebody that's on a bike so you you know you'd want it to be kind of a graceful and easy graceful maneuver just like if you were in a car on a road you'd want to be an easy graceful maneuver now when i think there was language in the staff note the bar in the one of the conservation commission i forget which saying that the bike paths should pick up from a southern most corner that's what i'm talking about th piece to this right here this double line this is all this will be for future permits you know ok long term for an extension of the bipap across it's not that was kind i just you know i guess yeah so if we my dad we would be open to modifying the trajectory of that corner on the bike path if you will  the reason for his positioning is after extensive discussions with the neighbors you know we want to be a good neighbor and a lot of their concerns surround privacy from a public space and screening and the reason the bike path is landed there is it really keeps any cutting of existing forest area to a minimum and it preserves the existing screening so it really when when you add that to the extra trees really does everything possible to mitigate that visual impact and it doesn't invite  folks up a public way sort of coming to the backyard so you know my response to that would be perhaps some sort of a wide intersection with an easier turning radius  but we were certainly want to be again good neighbors and supportive of the neighbors concerned so this seems like a small price to pay those kind of sparseness place along that tree line but was not that was the place that had so nine of them will be we don't have any specific nine earmarked certain housing authority we will likely work with champaign housing it's a first sale products not a preventive product and we don't envision those to stand out or look any different know someone in vision and that this place you know would continue up and then and then turn somehow and then come across the top of this p have a call out for instance if you look at bell one  think on that side is call out there that says additional plants to be feel located and then it lists the four different species and as a toll of so you've got twenty three additional trees to be determined correct to be field determined with the on the inside three four so when you go up this street will be building on both sides the street the four on the inside of the square and then the four on the outside going to take over maintenance when this is constructed not my understanding is not until some time in the future when there's a connection through to another road it becomes a loop that it's being built to public works standards for public works others and you do have a functional assessment of the class three weapons confirming they were not connected to the past two that's correct yet tina heath from the state visited with us last summer carol briggs did the full set of plans i'm not sure that they're aware that it's going to be faced so i'm guessing they're not based on what we've seen from other applicants well they should have gotten their recent middle weather can had a chance to flip th i don't know we submitted the plans you know distributed to the other departments fairly clear when you when you open the plants that what's being built and what's not being built i think but so what we have the applicants do for final plans is before they will but when they submit their final plans to the planning office they have to get us get a sign off from both the public works department and the fire department before we will touch the final plans so i realize that i didn't want them to have a sudden sudden surprise when they suddenly do it ken says hey i could turn moving into this back section without  i don't know you lots were part of the days when over here so i was a little confused as to why the road isn't going to be built when we were here back in january it's as i recall the way the plan set was drawn clear where the boundaries of phase one what was going to be phase two and that was one of our comments for what needed to be included in a revised set of plants so it's not it's not unusual it's the norm when you have a phase development in the phasing not only includes the through the development that the developer wants the dwelling units but the infrastructure to support it so those things would come together so you wouldn't necessarily expect all of the infrastructure for the entire project to be built when part of that infrastructure would only be serving that other future development so you would get the infrastructure that's necessary to serve the development that's being proposed so that's that's that's that is you know standard for how that is done and so our comments back in january where it wasn't clear what was the limits of phase one and what was proposed to be face to and we wanted that to be clear because we are going to want to make sure that all of that infrastructure is constructed so it's not just the road it's the roads water s utilities all that other stuff that you can't necessarily see but it's below the surface if your if your neighbor just asked the same question if you could limit your your question so that we don't go over the same thing two three four times that would be great in the meantime ma'am ye association will be required to maintain it and there's five there's more than five million number of kids basins throughout to up the project but they'll be like any association that's a private road they'll be required to maintain all of the storm are elements moved and the i just and i see what you're saying can't work that word or whatever like the loaf or the bike path but it already is an existing part left it's a ninety degree hard left  all the interest you're in for the entire project that is faced all right so you build it as you go along and i think it is absolutely right that's that's the norm so you build it you build it you know for what you're going to use and you add some more in the building that they do have some about is meeting with the property owner of the three law so that would be lord lord porter and b well so it's it's basically it's tell you what that is you know piano caliper on the trunk of the tree and it's a certain distance from the ground it's twenty four inches or something like that so if you were to go to carver supply or some other simple similar nursery you could see what a two and a half inch caliper tree would be like the height of a tree like that we typically see i don't know how ten feet something like that and it would depending on what kind of a tree it was you know it's not going to be a tiny stick with nothing so it would have folly h depending you know whether it's a f or tree or it's a wintertime it's going to look like a tiny stick right so time at the at the start of the construction season start with you know i think i'm asking for the for the bike path to go as proposed on this so that we can maintain as much of the existing buffer as are twenty three trees that's quite a bit of a twit quite a bit of trees going on over three lot of which i heard the applicants say that it could go on the development property or it could go on your property so you know i think at some level at some level there's going to have to be a discussion amongst the three owners if you work out a deal and if we end this you know the conditions of approval are going to say something like that it's going to be a little nebulous typically what happens and the landscaping is one of the last things to go in because that's the best way to ensure the health of the trees in the case that the supplemental trees that paul just mentioned that those trees are being called for far away from where all the development is going on so it doesn't much matter to us whether they go in first or whether they go in last but something that you may want to consider is if those trees go in first that will give you that much additional buffering from sight and sound then you can see ruction activity that might be going on since it's you know but i'm just something something to think of and that was that's kind of a an add on to my original comment back to  you when you know you want to put it ahead of time because it because they are so for the construction area they never think about that so we're open to putting them in if they would need to come back in front of the board and have another hearing such as such as this it would have to be properly warned and you would be fired so you know it would nothing would be sprung on you for once the permits issued once that what's the site plans are approved that's what gets built the other questions from the audience  and i would be surprised if it's only like a two or three foot drainage section on each side of my gas so if let's say we're three feet inside that's three plus three  it heads in and this is what they're proposing every circle is what they're proposing to put in as it is right now ok which crosses mecca and we have a portion of the road here that we collect and catch basin of that also this church is directly into the seasonal stream and then goes across the culvert now the total flow from our property is less in the post development phase and it isn't pre development so if the culvert handles the water today we're going to be putting less water through that culvert and we don't anticipate that is the ball that is the law so we don't anticipate needing to change or increase the size of a coal one of the metcalf now because that colbert doesn't flow through any of the south ridge detention areas and will put any additional burden on the south and so she  maintain their stronger facilities that they h was a mean maybe that you know it is throughout throughout your development and throughout the entire development there are houses built on hillsides there are elevation changes there are people there are people that are higher  lower than others and we get this we hear this we hear this on a regular basis and the time there is and there is a fairly significant elevation change off the back end of this development is about a fifteen sixteen foot difference between the elevation of our new road and and here his house so that's what the contour launcher is because we're not going quite a bit off the top of the hill to make a flatter spot but again going back to the landscapes you know feet on all five that would let you look at before about closing the gap it does show landscaping you know all along that back line and it should be noted that although schedules did not allow for us to get together with p d we took the liberty of reducing those units to single story just based on comments from the last meeting we  the back are around two sixty eight or so so four hundred or six more sixty eight feet where you're about four fifty two to the back so about fifteen sixteen feet well again i would like to make the request an additional you know is this is the proposed landscaping like this is this is your property i think here so we are showing additional landscaping you know along the back of the u s you can see where the back of some of the units are and this is additional landscaping that was going on the one sorry about that i go look sometimes you know we have it so we've been hearing it normally i would normally i would say in circumstances like that please dress the board in the board will direct it quite some time to easier to let the applicants and the homeowners talk it pork i mean they visit the site on four different days they acknowledge that they didn't see any of the animals they also acknowledge that there was an unexpected and if you look at the world court you know it does list porcupines coyote's red fox raccoon strikes guns bob cat white tail deal so i'm it says it's probable some they say it's possible some they label as transit but the report certainly knowledge is that that that was in your packet from the conservation commission and so is part of the conservation commission to review for a project like this if they would review things related to natural resources and you know pau played out some of the math that were developed for the town we use some consultants from you v m i forget five six years ago or something like that so there there is that information that is included in our regulations and that the conservation commission so just to give the deer be a quick refresher on how the town's bylaws relate to wildlife habitat and wildlife travel corridors this comes out chapter twenty seven of the bylaw which was  law in april twenty fourth that chapter identifies a number of conservation resource areas including where called significant wildlife habitat areas the mapped areas that trigger the requirement for the report from a biologist which is called the habitat disturbance assessment or if any of the subject property is in one of those mapped areas either a travel corridor or core habitat so if you were to look at the conservation commissions now no you'll see a discussion under w p b twenty seven point five significant wildlife habitat areas a large portion of the subject property this wildlife travel corridor the pond on the property was mapped as core habitat those are the wildlife resource areas that the towns by law regulates and protects in terms of a habitat disturbance assessment so when somebody has these kinds of resources mapped on their property the by law requires them to retain a wildlife biologist who prepares a habitat disturbance assessment for consideration by the d or b on the advice of the conservation commission so these are the regulatory maps those are the resource areas and resource values that are put under review by the standards of our vial so i just want to you know we talk a lot about i've seen this in a mill i've seen that animal we have a travel corridor or an area that's been mapped as potentially having animals moving through it in a core habitat which is the pond itself what the biologist is supposed to comment on and what the conservation commission derby reviews is whether the proposed development impacts the function of that corridor or that court how it so what you have in your memo from the conservation commission is their discussion of what they saw  that report and their recommendation to the d r b there are innumerable other ways of napping what wild is where and assessing who thinks what kind of impact might be happening but the by what is fairly clear about what kinds of impact on what kinds of resources are under review when it comes to dealing with it through the bible so i anybody who's wants to zoom in on that just look for the discussion of twenty seven like what's going on is certainly within the scope of this board to decide whether and to what extent they agree with that assessment so people will talk about that when we go into face to with the idea that that will help mitigate the small portion of impervious that doesn't get treated just explain what a gravel wet and robin wright land is a constructed well and that you  that you divert some of your small flows into the wetland there is what language haitian on top and there's usually a couple feet of question on the bottom of the drainage pipe and that allows that first flow to go in there and slowly perk its way down through that vegetative matter and into that stone and then eventually it it drains off and goes back into the storm when it is it does it have a does it have an overflow that goes down into the bigger yes to the back everything of the gravel wetland eventually flows and go into a larger before it gets wetlands experts but the majority of us probably don't know a lot more about it than you do well enough not currently writing to you know not currently but we do are we try to do our reading get a stand what's going on the only other concern i have is more of them all out water  said earlier that they are not allowed to allow more stormwater off their property as it exists right now with the future development and think i said that clear enough but it cannot increase and i believe he said that it you are decreasing the flow that's correct and the so i might also add that we're not approving here the warm water treatment decision relative to the town's regulation so at the end of the day you may have some leverage relative to the covenants in your homeowner's association that's completely outside of the realm of the regulatory structure so as i said back in january you may want to go get your own legal opinion to represent your individual interests or the interests of the homeowners association and you may decide after consulting with your lawyer that you have some recourse against this property owner and you may want to take them to superior court but that's that's a whole separate process than what exists in the regulatory brown so that what was being asked of our  environmental court there's a thirty day appeal period if the clock starts from the date that the decision letter goes out so all of you because you have shown up and you've given us your names and addresses well get a copy of the minutes and you will get a copy of the letter that will be addressed to the applicant and it will state what those dates are and then if you are interested in filing a pos you may or may not wish to consult with an attorney to help you with that from a regulatory standpoint will be required to meet all of what's in the conditions of approval so if the guarantee says he's got a plant these twenty three extra trees then he's got to plant the twenty three extra trees if that gary b says you guys got to go work out amongst yourselves then you guys go and work that out amongst yourselves ultimately comes down to what the gear be decides so that the air be makes a regulatory decision be closed down somebody from the planning office would go out there and if there were a specific number of trees they would go out there and count the trees or like moving them back up there and even everything in the plants their health and anything like that so public works would look at the roads there would be there would be inspections for you know anything that's what's considered to be a required improvement tonight as scott's they can call us tomorrow we'll tell you virtually what that their decision was they will approve their minutes two weeks from tonight that's when the decision gets formalized when they get their names and then there's a decision letter that gets written differently the next day sometimes two days later wednesday or thursday that's the formal day of the decision once that letter is written that's when the thirty the appeal period starts and also the application is informed that they have one year from the day that decision letter to file what are called final plans so there may be there's been a number of things that were discussed tonight the precise location the bike path for one and whether additional trees might be required where those might be required any of those things those are all have to be incorporated into final plans which are then presented and then final plans get some cell if they will decision tonight minutes get approved in two weeks and there's a decision letter and then there's a year from that day the applicant has a year to submit final plans and they can't get any permits to do anything until they get their final plans approved once they get their final plans approved then they can you know they can engage in construction in keeping with the allocation schedule they got for the building out of the well in units so can they have a year from the date of the decision it's up to them the ball then goes to their court they have to make a decision do they want to move forward how fast do they want to move forward they've got to get the final plans once they have the final plans then they have an allocation schedule that it's been it's articulated in the staff notes it was part of the growth management decision the developer would have to make a decision for how quick they want to move so i can't give you an exact answer to that some of that is not know all i can tell you is those are some of the deadlines that will take place in that earliest sometime between oh  voters to the property will get noticed that the act of fifty's permit was filed and they all get an opportunity to participate in the act of fifty hearings and at the hearing they'll be able to comment on the wildlife t the body else thing else from the board board's good one more time from the audience ok thank you everybody thank you very much findings in facts and conclusions of law proposed by the staff for the review of d p eighteen that's fifteen and approved discussion a permit subject to conditions of this approval authorizes the applicant to file final plans obtain approval of these plans from staff and then seek administrative permit for the proposed development which must proceed in strict conformance with the plans on which this approval is based ok thank you a second second all second set any further discussion or as authorized by w d b six point six point three i john hammel garn move to development review board having reviewed the application submitted in all accompanying materials including the recommendations of the town staff and the advisory boards required to comment on this application by the wilson developed by law and having heard and do consider the testimony presented at the public hearings of january ninth feb thirteenth and march thirteenth two thousand thirteen and the findings of fact and conclusions of law proposed by staff for the review of the d p seventeen zero one and approved this discretionary permit subject to conditions  this approval authorizes the applicant to file final plans obtain approval of these plans from the development review board and then seek an administrative permit for the proposed development which must proceed in strict conformance with the plans on which this  based we are going to make a couple of additional missions the first is that we're going to revise the condition number three to part a to read the wilson conservation commission recommendations from the january third two thousand and eighteen meeting and straight items one two and three underneath part  we will change part b of that same condition to read wilston public works department memo dated december twentieth two thousand and seventeen instead of eighteen we will add condition number sixteen the applicant will complete their conversations with the wilson fire department making sure the fire department is aware of the road phasing we will add number seventeen the a shall identify the building envelopes on all watts that include class two wetlands or class two welland buffers we will add condition eighteen the presence of class two wetlands or class two wetland buffers shall be identified in the deed for each affected lot condition number nineteen the appl has committed to providing twenty three additional trees to be planted on or near the abutting blots of lord porter and bates the location of the twenty three extra trees included in the proposal shall be agreed upon between the lord porter and bates a budding property owners and the applicant finally condition number twenty the applicant will ease the transition from the existing bike path to the new new bike path