welcome to the town of wilston development review board tonight is tuesday june twenty sixth two thousand and eighteen we have two items on the agenda for tonight the first order  business is as tradition has it the public forum is there anyone in the audience who would like to bring an issue forth in the public forum segment of tonight's meeting residential subdivision if the applicant would please come to the table and when you're settled then state your name and address please for the record here over mach george mccain with mccain consulting ninety three south main street in waterbury the law good evening gentlemen stuff goes next the request for discretionary permit review for a five lot subdivision located on the southeast corner sunset hill road subject parcels twelve point four eight those projects would create five lots the lots would be for single family homes and for would be for was reviewed in february of two thousand and seventeen and at that time the d r p didn't recommend the project moved forward to growth management allocation because there were concerns about the nature and extent of wetlands and seasonal flooding from the dear be reviewed the proposal second time as d p seven hundred twenty nine on july twenty fifth twenty seventeen at that time the applicant provided information about the elevations of the homes and updated weapon information that was confirmed by the with site visit by the state of vermont we scientists at that time the d r p did recommend that the project proceed to growth management allocation so on march twenty seventh of twenty eight hundred the d r be approved for units of residential growth management allocation for this development and the parcel is allowed one additional unit by right i'll just go over the pre application recommendations and how african has addressed those recommendations so the first recommendation was to request for units of residential growth management allocation that the growth me here in march which the applicant did and received four units of allocation at that hearing number two because this is a parcel of land ten point five acres or greater projects required to set aside a minimum of seventy five percent of the area of the parent parcels permanently protected open space the nine point seven seven acres of proposed open save space exceeds the minimum seventy five percent requirement three ha disturbance assessment must be submitted and the applicant has submitted the h d a number four was four five and six and seven were all recommendations put forth by the conservation commission number four states the westernmost building envelope on sunset hill road which is a lot in lot one should be cited so as to to the degree possible understanding that there there are constraints with elevations and so i think the applicant did try to avoid it impacts  house on lot one remains the south of of the driveway at this time i don't think the conservation commission has concerns about the house being to the south or the north of the driveway pretty you're basing that statement on they they basically while they didn't ask them they didn't ask them to shift it back to the to the north and the driveway they you know they seem to accept the site fix all well and buffers shall be permanently marked on the ground as well as on the final plans the applicant has the weapon buffers on the site plan and have indicated that eight all comments are actually not quite eight all comments made by the department of public works he didn't remember if so in twenty eight twenty seventeen adopted as pre application recommendations although it is not indicated in their application materials it is my understanding that the applicant is cooperating with the fire department  type of water storage system and dry hydrant on the property so as far as the use goes the proposed subdivision will be for the purpose of adding four new dwelling units to the parcel in addition to the one unit a lot of by right single and two family dwelling units are allowed to use in the air to z b three of the dwellings will be single family and the remaining two are propose duplex configuration yeah the kids proposing a subdivision which will result in five dwelling units on twelve point four acres of land where the maximum allowed residential density in the zone is one one thousand square feet or approximately one point eight four acres the by will requires that lands with wetlands wetland buffers and slopes in excess of thirty percent slopes and unconstrained lands there's a total of ten point one point ten point one nine acres of unconstrained lands which allows for five point five four allow as a subdivision of land ten point five acres ten point five acres or greater the projects will quired by the bylaw to set aside a minimum of seventy five percent of the area  personal as permanently protected open space the open space must include steep slopes wetland areas and and buffers and any other resources required to be protected under chapter twenty seven the applicant the proposed nine point seven seven acre of open space and on the open space includes all the wetlands and associated buffers as well as the steep slopes of the proposed mechanism of in chapter thirty one the minimum property line setbacks in the areas the are fifty feet from the road town highway a right of way for the front set back for the side and rear setbacks distances between clusters of homesites namely that clusters must be effectively separated from neighboring properties public waves and each other by open space and the with some buffers between clusters can vary with the terrain in the presence of screening vegetation but that the d r v can recommend anywhere from one hundred five hundred the offers so i guess there there is i guess it's questionable whether you can consider these clusters there's one house on sunset on the road and then there's you know two on a cluster of two on old creame road and then another duplex so i'm i'm considering those clusters of homes anyway so it seems as if the existing vegetation provides  generally provides ample buffer is the only thing that's a little that questionable in my mind is the distance between the house on sunset hill road the lot on sunset hill road and lot on  those two sites i did not include a condition to that effect as i seem to recall that that's an area on pretty significant water if i remember we were looking at it when this application first came forth months for access the applicants proposed to share driveways serving two units each on old creamery road in a single driveway serving the remaining unit on sunset hill road wilson development by line courage is the use of shared driveways where feasible the applicant will need to obtain an access permit for each driveway from the wilston department public works and a driveways will need to meet chapter thirteen billion perpendicular line meant great safe distance in clearance from existing driveways and intersections the d r b didn't request a traffic study at pre application review after notes that wilston three single family units and two multi family units would produce four point five hour trip and permits for new single family homes will have to be accompanied by impact fees including traffic impact the for growth management proposed development did receive the four units of residential growth management allocation on march twenty seventh tw comments the fire department commented relative scarcity of water five for firefighting in this part of town and requested that  fire department comments memos are attached to a staff report the wilston conservation commission also reviewed the project and their findings are attached the conservation commission recommended that the recommendations minimize impacts to wildlife habitat basically to prohibit free roaming pets and limit the size of a fenced area is restrict tree cutting to the building envelopes and it's necessary to install infrastructure cluster development as close to existing roadways as possible you shared infrastructure like driveways water sewer whenever possible i mean the amount of lighting limit the amount and type of lighting used immediately restore disturbed areas using conservation seed mix and mulch to avoid spreading invasive species and then the other recommendations just about maintaining existing headroom to the degree possible  it's your turn if you have anything to add it is a very good job summarizing most of what's going on there the big thing i will say the cooperation of the fire department we actually do have a signed agreement with the fire department that we've system i assume you've read all thirteen proposed conditions of approval and concerns with any of the thirteen nothing that jumper it out no i think forward before i asked the board for four more questions do you have anything else to add at this point so questions from the board on this common leitchfield is there going to be some kind of legal contract between all the owners in case the bill for any reason know tree going to a little loose in some spots or so you're just so is there any clear delineation of where you're cutting trees on here you're saying that within the building the building lots you're going to be so each da is recommending that you restrict the tree cutting to the building of the logs and is necessary to install infrastructure yet i said i heard you say that this line along the long lines is indicating your be cutting your ring up to that and beyond that you're going to leave the existing so it's a little confusing as to where you're cutting in clearing the land and you know which then leads into my next question which is how do you propose complying with the the issue with limiting the tree clearing is that we are dealing with steep slopes and we will need to fill all a lot of the area to get more gradual slopes and that the trees within the building and lot we would end up putting der of are the roots and they would die in the future and i'd rather remove them and we are proposing to plant new street trees to recreate the buffer because right now there's a lot of scrub trees there that aren't going to have to really look like much or about the other conditions there which i'm to i'm i'm as much interested in this is anything else but to prohibit free roaming cats and limit the size of the fenced areas are there by law covenants there that they're going to do that or i'd  have to recreate them but i do know there was something garden that that the i believe that was in the declaration of cabinets i'm just trying to find the exact verbiage as well i do recall seeing a look at that poll ok this is this is just a really loose statement limit the amount and type of lighting used i don't know how you limit a type or you just you just don't use the same fixture over and over again i think i type what we typically interpret that is that the downcast and shielded so you're not getting at a flood light or raised vertical left to a flagpole here or type of latest downcast that's an  meetings that bullet as far as i'm concerned where we're going to strike because because it doesn't say anything that could be interpreted by a reasonable man i don't know what that means b examine limiting the size of france there is right so those those i can tell you that it's very likely those two bullets are going to be struck and are in our final  started boulders or distinctive landscaping features like a landscaping mound along the edge of that buffer another is a distinctive tree planting for example or some kind of tree that wasn't necessarily coming to the site we planted those wouldn't probably work out that it was very different project we had that one of it or that was more of a residential project where it was a common open area so it was a clear mound so the lawn more couldn't get up over it to mow behind and they had to keep on the side to vegetation to remain but it's only shown in the one corner and around but that's not the entire year the intent is to maintain it is going to put those in the vicinity of where the other cutting is going on so that it was clear what the intent to maintain was during construction and then they're open space would remain as existing my clarification so on the building lot your you're not going to maintain or try to save the kind of scrub brush along the road when and then because what you're doing is you're clearing that now building the house and then you're putting in the new trees as delineated in the landscape plan is that a fair representation yeah yeah remember actually says you've got several options and so we want to be morse pacific presumably right and so the idea there are no there's no tank or sister and you're going to be i think will want to be a little bit more specific  in response to fire departments comments just thirteen cities before department will have the final say of what it's supposed to be and its laws they're happy and we were happy a where where it is we're currently working we're not going to you're not going to say the fire department has final say because there's been some precedent where the fire department was asking for something that wasn't required by code and so we're not going to their concerns are going to be addressed and planning before issuance of a final building permit has a sign off from the fire department that's what the spirit of that is and you're heading in that direction this is  forty unit subdivision i'm going to recuse myself as david because we are southridge residents and i think i hand the gavel over to you john were you on with black rock construction sixty eight randall street south burlington ok so just to orient the remainder of the board as to where we are this is a request to submit a portion of the final plans for the northridge subdivision and this is not a public hearing item this is on your agenda as other business when the northridge discretionary permit was approved by the d to be retained as staff advised the final say over the signing of final plans in the case of subdivisions of land our council has also always  in attendance tonight so are our procedure with this is to inform the board members who are remaining which is a non quorum number of the board you need four for a quorum you've got three sitting right now of what the request is obtain your advice communicate that back to the chair who's not here tonight and suggest that he follow your recommendation to us so that's our procedure on overnight we're not in a public hearing where in the signing final plans this is an unusual request in that it's not a complete set of final plans it's a partial element of the final plans that's intended to achieve a very specify goal as it relates to the progress of this development and i'll get into that you know a moment board members who were in attendance at our last year be meeting two weeks ago know that we initially reviewed this request that meeting and one of the things the sitting members at the time asked for was for the town's counsel to weigh in on the recommended action moving forward so we've gotten that input and i've attached it to what i've handed out in the form of an email correspondence with between black rocks attorney and joe fallin the town attorney about the partial approval of the final plan here so what's this request all about this request is about a boundary line adjustment between a lot containing a single family home and a piece of the northridge parcel that will eventually become part of the road that goes from metcalf drive into northridge the lot we're talking about with the house on it currently has a driveway that runs parallel to that boundary line down to metcalf drive and moving the boundary to make the lot that the road will go on big enough to put a road on per town standards will put that driveway too close to its side yard setback in other words removing the line closer to the driveway it makes the driveway non conforming the remedy for that is to rotate the driveway ninety degrees and have that house access the new street that's proposed to be constructed the challenge of doing that immediately is that the streets not there yet because it has not been constructed and can't be constructed until the boundary line gets moved so there's a timing element here where for some period of time doing this causes a nonconformity one remedy discussed by staff in the memo and our last meeting is just file all of the final plans for the for the entire project as approved under discretionary permit obviously that's a that's a significant effort it takes a significant amount of time and it's not something applicants usually do until if they're subject to it until they've cleared other permuting processes like state act two fifty in this case staff's proposal and what was discussed and reviewed by  council is that the deer be consider signing the plat for the boundary line adjustment to allow that that neighboring property with the relocated to be relocated driveway to be sold off this is essentially taking that one little element of the project looking at the way we look at it and a boundary line adjustment if this came in all by itself and there was no northridge and there was no road staff would be able to approve this or rather the zoning administrator would be able to approve this in the office administratively because it's connected to this larger project we're proceeding with this greater direct degree of caution and treat it like it's a piece of the final plans for the northward subdivision because it is so that proposal remains and what we've updated you with in this case is the correspondence between black rocks attorney the options attorney and our attorney who says something to it's not in especially impenetrable legal east as long as you satisfy the d r b i do not think the select board cares about the driveway construction there is an involvement of the select for here related to who owns that right to develop that road and transferring that back and forth select board doesn't want to own it until it's constructed in completed so there's a there's a property transfer involved in this that's in that's in their court essentially actually the property has been transferred in the deed has been recorded so we're now the deeded owner of both seven forty nine that calf and the open space right of way  is between two parcels on by the same entity one question i was curious is when you sell this property so i'm assuming you can sell this house to somebody which is why that's all done and that's that it was reviewed by the town attorney as well so in other words this is we're back to really this is enough why i just because of the fact that you said this would have all been done right now doesn't really even be involved other to say all by the way in the end is there a timeframe in which you promised a bill that you know northridge has no receipt we had discussed with staff a term of two years we felt that was ample time to move our project forward even if we were to meet an obstacle meant it were to take some time we've also agreed that if the project does not move forward in that two year period that we will at our expense shift the driveway to be the west however many feet we need to in order to bring the driveway into compliance so that was was something we discussed with staff so that we weren't asking anybody to give us sort of an indeterminate amount of time for non conformity so we thought that was very very and not languages in the language and then the dive into everything that has been covered in the closing and buyers attorney has reviewed it the the lender has reviewed it  know understanding with the situation is so i guess what would be useful for staff at this point it's it's not really a voting item nor can you really vote on anything because you're not a quorum of the board but from each of the three of you in attendance on this do you have any advice for the staff should we request that the d r be chair come in and sign the plat to allow this boundary  think the only question is is if the chair were to agree then it would be it would be tomorrow i only ask because folks are trying to close on how sure the chair is not intended to night because he was out of town but is available have to find out when he's going to be back in town ok but what we typically do on signature on final plans items like this is inform the chair yes you know we've we've got the head nod to have you come in and sign it and then we'll once it gets signed we walk it over to the clerk's office willesden development review board of tuesday june twenty sixth two thousand and eighteen we are coming out of deliberative session at eight thirty five drive a motion for d p seventeen dash twenty nine northern holdings as authorized by w t v six point six point three i david saudi a move that doubles to develop interview board having reviewed the application submitted and all accompanying materials including the recommendations of the town staff and the advisory boards required to comment on this application by the balls and about by law having heard and duly considered the testimony presented at the public hearing of june twenty sixth twenty eighteen except the findings of fact conclusions of law and conditions of approval proposed by staff for the review p seventeen to twenty nine and approved this discretionary permit for a five watt residential subdivision but the following modifications condition of approval number eleven is modified to include at the end of the sentence  as revised by the development review board below and then reproducing the conservation commission recommendations with the following modifications striking bullet one a maintaining one at and maintaining items two three and four of the recommendations and then modifying a condition number thirteen to strike the word adopted a replace it with the word addressed and to add to condition number fourteen which states approaching prevention and settlement control plan shall be revised to include defined limits of disturbance adjacent to the proposed sewer force mean running from what one to the proposal the tr disapproval authorizes the applicant to submit final plans of pain approval these plans from staff and seek administrative permit for future development which must proceed in strict conformance with the plans on which this approval is based thank you david is their second second and paul second sit and a further discussion all in favor i suppose hearing non motion carries is there a motion all those in favor to approve the minutes as amended i and he opposed hearing the motion carries do have a motion to adjourn the meeting at