November 12, 2014, PC Meeting Minutes

November 17, 2014

TOWN OF SOUTH HERO 

Planning Commission with Zoning Board of Adjustment

November 12, 2014 Meeting Minutes

Planning Commission Members Present: George (Terry) Delano, Doug Patterson, Sandra O’Flaherty, Sandy Gregg and David Roy

Planning Commission members absent: None

Zoning Board of Adjustment members present: Timothy Maxham, Paula Delano, George Rice (after 7:06PM), Jim Baker, Kent Goodwin, Janice Fetsch, Sherry Corbin and Alayne Rabow

Zoning Board of Adjustment members absent: None

Staff Present: Mitchel Cypes

Others present from the sign in sheet: Jon Quackenbush, Linda Quackenbush, Linda Livingstone, Robert Livingstone, Matt Daly, Bradley Isham, Maureen Pidgin, Alan Pidgin, Leslie Bashaw, Robert Bashaw, Valerie Swinchoski, Liam Murphy, Katelyn Evermann and Joshua Nase.

7:01PM: Call to order and reading of the agendas by Tim Maxham.

7:01PM Additions or Deletions to the Agenda: The Zoning Board of Adjustment decided to move agenda item number 7, the Farr hearing, to be immediately after agenda item number 2, the Pest Pro hearing. The Planning Commission decided to move the deliberations before Public Input.

7:04PM Board member introductions. Tim Maxham described the hearing rules.

7:08PM: Continuance from October 8, 2014; RT238-15-15B, Pest Pro, Inc. c/o Jon Quackenbush, Conditional Use and Site Plan Review to convert an existing single family dwelling to a professional services office. Tim Maxham gave the oath.

Jon Quackenbush submitted a new site plan, updated project description letter and the AOT Notice of Intent. He stated that he has addressed the 2 concerns raised at the last hearing. Regarding concerns raised by the Heritage Drive residents on traffic, the Applicant proposes to move Heritage Drive, which will allow the use of Heritage Drive without passing their business.  He stated that he has received from AOT a Notice of Intent to approve this change. Regarding the concern about the mixing of products, they are proposing to build a 16’x22’ car port over a concrete pad where mixing will occur and where the dumpster will be located. Jon Quackenbush testified that a spill could easily be cleaned on a flat surface and another option could be to place a lip on the edge of the concrete surface, but this would also catch rainwater.

The Planning Commission explained that moving the right-of-way that serves more than 3 lots, would require the new portion of the right-of-way to be improved to Town Road standards. The Applicant said he would agree to this. Mr. Quackenbush stated that the existing road will be brought back to a natural state between the existing residence and U.S. Route 2, with the remainder of the road becoming their driveway.

Zoning Board Adjustment asked if the applicant would agree to a smaller business sign. The Applicant stated they would like to have a sign that is allowable per the regulations. Mr. Quackenbush stated that he would agree to place some landscaping and would agree to place a lip on the concrete pad if required. He also stated that AOT would approve use of the existing entrance with improvements. It was noted that placing a car port as shown would not be possible without moving the Heritage Drive right-of-way.

7:26PM: A motion to accept as evidence, exhibit #18, the revised site plan dated 9/26/14 David Tudhope was made by Paula Delano, seconded by Sandy Gregg and approved unanimously.

7:26PM: A motion to accept as evidence, exhibit #19, the descriptive letter to be dated 11/12/14 was made by David Roy, seconded by Jim Baker and approved unanimously.

7:28PM: A motion to accept as evidence, exhibit #20, 3 elevations of shed 1 and the car port was made by Sandra O’Flaherty, seconded by Terry Delano and approved unanimously.

7:30PM: A motion to accept as evidence, exhibit #21, the AOT Notice of Intent including 7 pages and a drawing dated 11/4/14 was made by Sandra O’Flaherty, seconded by Terry Delano and approved unanimously.

Public Comment:

Liam Murphy, introduced himself as representing three of the neighbors, stated the following:

  • That his clients don’t believe the location is an appropriate place for the business.
  • If approved that only the office be placed on the property.
  • Request the following conditions be added to an approval:
    • Include, relocating access.
    • Limit the signage to 6sf with no lighting, not allow any parking lot lighting.
    • Place evergreen barrier to screen parking area.
    • Place a ditch on both sides of road and a culvert that would discharge water to the lake.
    • The concrete pad where mixing the chemicals should have a lip or mixing chemicals should be done inside.
    • The dumpster be locked and covered.

Mr. Murphy stated that he received the updated plan from the Agency of Transportation website on Monday. He then provided a version of this plan that Mr. Murphy edited to show proposed landscaping, ditching and a culvert, but kept the surveyors name and stamp on the drawing, which suggests that the engineer did the work. Mr. Murphy agreed to sign a note on the plan stating that he edited the plan.

Mr. Murphy stated that his clients did not have a position on whether to move the road or have it stay in the same location. He requested that the Applicant provide an engineered stormwater system for no net increase in flow. The Boards asked if there has been a stormwater problem in the past, why have the Heritage Drive residents not fixed the problem?

Valerie Swinchoski stated that there are 8 houses that use the right of way. She requested that the existing 3 bedroom residence should only be allowed to be office space. She also stated her concern about mixing hazardous materials.

Lesley Bashaw stated she wants a hedge or fence to be placed that is the height of the largest truck that the applicant may use in his business for screening.

8:03M: A motion to accept as evidence, exhibit #22, the Letter from Liam Murphy with condition requests and an earlier version of the site plan accepted as exhibit #18 that includes AOT comments and edits from Mr. Murphy and his clients was made by Terry Delano, seconded by Kent Goodwin and approved unanimously.

Matt Daly, Mr. Quackenbush’s attorney, expressed concerns regarding the conditions requested and asked for a reasonable decision.

8:12PM: A motion by the Planning Commission to accept the application as complete was made by Doug Patterson, seconded by Sandy Gregg and approved unanimously.

Discussion occurred as whether to include an update to the right-of-way be part of the decision. Applicant described an alternative way to upgrade the access that includes keeping and expanding existing entrance, which AOT stated they would approve. A concern was expressed that without moving the right-of-way, the Applicant could not build the car port

8:27PM: A motion to close the hearing for deliberative session was made by George Rice, seconded by Sandy Gregg and approved unanimously.

The Planning Commission and the Zoning Board of Adjustment meetings separated.

8:40PM: A motion was made to approve the Minutes for October 29, 2014 by Sandy Gregg, seconded by Sandra O’Flaherty and approved unanimously.

8:45PM: A motion was made to approve the Minutes for November 5, 2014 with corrections by Sandy Gregg, seconded by Sandra O’Flaherty and approved unanimously

The Commission deliberated applications RT456-15-23B and RT493-14-04PC.

The Planning Commission rejoined the Zoning Board of Adjustment for deliberative session.

10:50PM: Administrative Officer’s Report:

  • Draft reports for the Boards for placement in the annual Town report were provided for review.
  • Information for the upcoming meetings of November 19th, December 3rd and December 10th was provided.
  • A clarification of the Town application process for placing fill in the floodplain was discussed.

10:54PM: A motion to adjourn the meeting was made by Doug Patterson, seconded by Sandra O’Flaherty and approved unanimously.

Respectfully submitted by Mitchel Cypes, Administrative Officer, with assistance from David Roy.

 

 

Approved:

For Planning Commission

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