Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board Public Hearing Minutes
November 17, 2004
Development Review Board members present: Jerry Chabot, Alternate, Rob Heimbuch, Chair, Mike Rainville, Susan Vita
Development Review Board members absent: Ken Richardson, Margot Pender
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also present: Amanda and Brian Fuller, Cathy Fuller, John S. Wakefield, Larry Williams, Jenifer Andrews, Joss Besse, Rodney Pingree, Linda Baker
Agenda
1. Fuller Variance
2. Catamount-Bolton Land LLC Sketch Plan Review
3. Minutes – September 15, 2004
4. Other business or communications
5. Adjournment
Call to Order
Rob Heimbuch called the hearing to order at 7:02 p.m.
and swore in all that would be giving testimony.
Agenda Item #1 – Fuller Variance
This hearing was convened to consider the request of Brian and Amanda Fuller
seeking a variance from Section 2 sub-section D, Dimensional Requirements,
requesting permission to construct a 16’ x 35’ addition to a mobile home to
within twenty three (23) feet of the required rear yard (twenty five,(25) feet
minimum). Property is located at 3210 Theodore Roosevelt Hwy., Tax Map 15, Village I District.
Brian and Amanda Fuller, mobile home owners, and Cathy Fuller, property owner, appeared on behalf of the application.
The Board reviewed the map of the proposed addition, noting that:
• The addition is a proposed “stick built” addition on the back side of the
mobile home; request is for a setback variance of two (2) feet from the rear
line.
• The rear line of the property is the I89 right of way, and the request does
not impact on abutting property owners.
• The proposed addition meets side setbacks.
Brian and Amanda Fuller noted that:
• The existing living room in the mobile home would be turned into daycare
space (Amanda operates a registered family day care, a permitted use); the
addition used as living space for the family.
• The addition would back up to existing vegetation on the I89 right of way,
and would not be visible.
Rob Heimbuch asked if the railroad was an issue. Brian Fuller noted no, as the railroad was located on the other side of Route 2.
Mike Rainville asked if there were any safety concerns regarding out of control vehicles coming into the addition from I89. Brian Fuller stated no, as there were ledges between his home and I89.
Rob Heimbuch asked if the Fullers were restricted by the lot shape as to where the mobile home was sighted. Dick Ward answered that the lot size was 275’ of frontage x 277’ in depth.
Susan Vita asked if the proposed addition could be moved to the front of the mobile home to stay within the required setbacks. Brian Fuller stated that he and Amanda did not want the addition out front, which is why they were there. Kathy Fuller stated that the daycare has a fenced in play area in the front, and that the area in the front would require more site work to bring it up to grade, which would be more expensive. Brian Fuller added that the area in front was also needed for plowing snow.
Susan Vita asked if the addition could be moved to either side. Kathy Fuller stated that would disrupt the fuel tank area, and that the tank couldn’t be moved as it would be under a window, which is not allowed.
Mike Rainville asked if the addition could be made 14’ x 40’ to stay within the required setback. There was no response.
Rob Heimbuch asked if there were any other questions or comments. There were none. Rob called for a motion.
Mike Rainville made the motion to approve the request of Brian and Amanda Fuller for a variance from Section 2 sub-section D, Dimensional Requirements, permission to construct a 16’ x 35’ addition to a mobile home to within twenty three (23) feet of the required rear yard, twenty five (25) feet minimum.
Susan Vita seconded the motion.
.
All were in favor, motion passed.
Dick Ward noted that the Fullers need to come to the Town Office for the building permit.
7:17 p.m.
Agenda Item # 2– Catamount-Bolton Land LLC Sketch Plan Review
Sketch Plan Review. Application for a major subdivision by Catamount/Bolton
Land LLC, 210 College Street, Burlington VT, for a nineteen (19) lot
subdivision located on the Bolton Valley Access Road. Tax Map #3003227.
Larry Williams and John S. Wakefield appeared on behalf of the application for the sketch plan review.
Larry Williams provided information to the Board noting that:
• He represented the entity - Redstone, that purchased all of the remaining
land from the Ned Hamilton era at Bolton Valley, and was at the sketch plan
review as the owner of the surrounding (surrounding the actual ski area) land.
• Redstone currently owns 3500 acres, the 60 room hotel, parking garage unit,
and the water and sewer company.
• Redstone is in the process of developing a longer term vision for the area,
and a piece of that is real estate development.
• In the core of the ski area, Redstone envisions: limited slope side
development, a new condominium hotel, additional condominiums, and multi-single
family residential development on the 30 acres owned by Bob Fries.
• 1,000 acres were recently subdivided, to be sold to a family for a “family
compound with 2 – 4 houses.”
Larry Williams provided an introduction to the proposed subdivision plan
stating that: that:
• With his knowledge of the zoning regulations draft (Larry attended several
MPG Advisory Committee meetings from February - November 2004), he was
concerned about the ability to develop, and therefore was moving faster to
allow for some amount of development.
• The subdivision is approximately 300 acres, and would be accessed by the
current Broadway ski trail/logging road.
• The subdivision is made up of 19 lots with acreages ranging from 10 to 44
acres.
• The first phase would improve the southern end of Broadway and develop 5
lots, lot numbers 13 to17, which are between 20 – 44 acres each.
• The lots would have drilled wells.
• The existing Catamount Water and Sewer leach fields to the south of lot #13
would remain.
• Suitable soils for individual leach field sites on each lot would be
researched, if there were no suitable soils, sewage disposal would be tied into
the Catamount Water and Sewer system.
• The old Long Trail lodge, now known as the “Bolton Lodge” is on lot #13, and
would belong to the future owner of that lot.
• The “asterisk” on the lots denotes Redstone’s
vision of the premium house site.
• Redstone’s expectations are that houses would be
larger homes, with the chance of being second homes, but not limited to second
homes.
• Redstone would schedule meeting/s with a biologist to take up the issue of
wildlife habitat, i.e. bear habitat.
• “Broadway” would ultimately become a through road, perhaps in the third phase
of development.
Rob Heimbuch asked how additional lots could be tied into Catamount Water and Sewer, as it was his understanding that the current system is already over allocated. Larry Williams stated that technically on the books the system is over capacity, but that the system has a 96,000 gallon/day capacity, and it only averages 50 – 60,000 gallons/day with the exception of peak times, i.e. President’s Day weekend when flows are 85,000 gallons/day. Rob stated that the additional capacity Larry was noting was not his to speak for. Larry stated that Catamount Water and Sewer was working with the State of VT to try to increase the capacity of the system, noting that the system might be taking in up to 30,000 gallons/day in infiltration, and that if infiltration could be eliminated, then they could take advantage of metered flow capacity, providing more potential for capacity. Rob asked that Catamount Water and Sewer leach fields be showed on any subsequent plans.
Mike Rainville noted that it appeared that the subdivision would be impacting the Nordic ski trails, such as Maple Loop, Beaver Pond, Deer Run, Broadway, etc., and asked if the Nordic trails would “go away.” Larry Williams noted that Redstone is committed to a Nordic Center, that it is part of their plan, but he did not know if the Nordic ski trails in that area would be moved next to the road/s, or removed/separated from the residential area. Larry added that future lot owners would have an impact on that decision, that some may like the idea of having ski trails on their property, others may not.
Rob Heimbuch asked if all the lots had road frontage. Larry Williams stated that all the lots had 300’ of frontage on what would be a new road/s, and that he was thinking that the road/s would be private, with maintenance provided by an association. Rob noted that was how the Patrick Smith subdivision was handled, and asked if there were any association bylaws. Dick Ward stated no, that it was too early in the process for association bylaws, but when they were drafted they would be submitted to the Town Attorney’s office for review.
Mike Rainville suggested that Larry speak with BVFD Chief Mike Gervia and Richmond Rescue chief Ed Wildman for their input regarding the road/s. Rob Heimbuch reiterated that the BVFD Chief have an opportunity to review the road/driveway plan/s to be sure that all were satisfactory for emergency access. The group briefly discussed the slope percentages in the area. Dick Ward stated that Mike Gervia would review the maps and the slopes and walk the area/s. Larry Williams stated that he did not believe that 15% slopes for driveways/roads in the mountains were unreasonable. Rob stated that they were if it was your house on fire and the roads were snowy. Dick noted that the BVFD Chief would like to have a substation with a vehicle at Bolton Valley.
Rob Heimbuch asked what price range the lots would be sold for. Larry Williams replied that he had no clue.
Susan Vita asked if power would be underground. Larry Williams replied that he had not thought that far ahead.
Susan Vita asked where the beaver ponds were located in the subdivision. Larry Williams replied that they were on lot #17, and that he envisioned Redstone adding additional ponds as well.
Mike Rainville asked if the 19 lots could be subdivided again. Larry Williams stated that if it came under the proposed Forest District, no, as minimum acreage was 25 acres, though under interim zoning they could be, if larger than 20 acres.
Mike Rainville asked if this application would go through ACT 250. Larry Williams stated yes. Dick Ward stated that the Town could request that an independent engineer review the plans for water and sewer, grades, road construction, and traffic, that all technical information as well as possible school issues would all be reviewed. Rob Heimbuch asked if there would be run off control. Larry replied that yes, there would be design for stormwater controls, erosion controls, that Redstone would be doing all that.
Mike Rainville asked if ACT 250 would also review the intersection of the proposed road and the Bolton Valley Access Road. Dick Ward replied yes. Susan Vita asked if there were any school bus issues for that intersection, if there was sufficient room for a bus stop. Larry Williams replied that the entrance area was flat, and that a current parking lot had room for 5 – 6 cars. Larry added that he did not envision the houses adding a lot of children to the school population. Rob Heimbuch stated that it only took one child to make the bus need to stop. Dick stated that much more data would be gathered and reviewed before the preliminary hearing. Rob asked if that would include building envelopes, driveways, cul-de-sacs, and spurs/turnarounds. Dick replied yes.
Mike Rainville asked where this application would
be if the new regulations come into effect while the process is going on. Dick
Ward stated that was a legal question. Larry Williams added that he did not
have any issue with the density in the new regulations, and that depending on
what the new regulations looked like, he may or may not pursue this plan. Larry
stated that he wanted to be neighborly and keep the Town up to speed on the
plans for development. Larry added he did have issues with the proposed
regulations citing:
• Prohibition of dead end roads in excess of 1800’.
• Slope limitations on driveways – not greater than the 10% under VTrans driveway specifications were problematic.
• Slope limitation on building (equal or in excess of 15% is subject to
conditional use review, prohibited over 25%).
• Limitation to hook up to the Catamount Water and Sewer System in the proposed
Forest District.
Jen Andrews stated that those limitations were set in the best interests of the Town, after careful consideration, research, and discussion throughout the drafting process. Larry Williams stated that one can’t apply suburban limitations to mountain development, that would be the worst thing to do, that the “mountain would go under again”, and that he respectfully disagreed with Jen Andrews.
Linda Baker stated that the proposed regulations had absolutely nothing to
do with Larry Williams’ current application for a subdivision under the current
interim zoning. Linda added that she was still waiting to hear how Larry
Williams’ plan met Interim Zoning requirement # 3.) D. 2.) “Minimum road
frontage on an approved town road shall be three hundred feet.”
Dick Ward stated that Larry Williams was only trying to protect himself against
the proposed more restrictive regulations. Larry stated that he would petition
the Select Board to approve the proposed road as a Town Road, and if not
approved, then he could bring the lot line down for frontage on the Bolton
Valley Access Road and do a PRD. Rob Heimbuch stated
that the subdivision plan had no frontage on a Town Road. Larry replied
correct. Dick stated that he would check in with the Select Board on the
frontage issue. Rob asked if there would be anything prohibiting Redstone from
doing a PRD. Larry replied no. Rob asked if the lot layout would change much.
Larry replied yes, there would be a cluster development.
Jerry Chabot asked what would be different with the subdivision under the new zoning regulations. Larry Williams replied that he would not be there this early, that perhaps the lots would be bigger, but there would be no scenario where Redstone would come in with more lots. Larry stated that Redstone had gotten a sense that the Broadway area is “off limits” to development, and in their minds, it is okay to do some development there.
Dick Ward noted that this was a work session, that there would be no motions made for approval.
Dick reviewed the hearing process for the proposed regulations, noting that
the Planning Commission hearing is scheduled to be held on December 6, 2004,
and will be followed by the Select Board hearing. Amy Grover noted that it was
necessary to stay on a hearing timetable that would allow for a vote on the
proposed regulations to occur at Town Meeting 2005, as the Select Board had not
made a definitive decision clear to the Planning Commission on whether they
would choose to adopt the regulations (enabled to do so as of changes to
Chapter 117, effective July 1, 2004), or put the regulations out for a vote.
Linda Baker added that whatever the Select Board chose, that chosen process
would remain so for any future amendments/regulations/plans; if the Select
Board chose to vote, then everything subsequently would need to be voted on.
Larry Williams asked how long the interim zoning stayed in place. Amy replied
that unless it was lifted earlier by the Select Board, interim zoning would be
lifted July 23, 2005. Larry Williams stated he thought the interim zoning
stayed in place indefinitely. Amy replied no, interim zoning only stays in
place for 2 years, with an optional third year, which was enacted on July 23,
2004. If there were not new regulations in place by July 23, 2005, the zoning
regulations approved by the Select Board in December 1989, revised in May 1992
would come back into effect. Larry asked what the process was for petitioning.
Dick Ward stated that if the Select Board chose to adopt the regulations, they
could be petitioned for a vote by 5% of the population.
Rob Heimbuch asked if there were any other questions
or comments. There were none.
Agenda Item #3 – Minutes September 15, 2004
Mike Rainville made the motion to accept the minutes
of September 15, 2004. Susan Vita seconded the motion. All were in favor, motion
carried.
Agenda Item #4 - Other business or communications
Dick Ward noted that he would be leaving for Florida on December 17, 2004 to
return in March 2005.
Agenda Item #5 – Adjournment
The hearing was adjourned at 8:45 p.m.
Amy Grover
Clerk, Development Review Board
These minutes are unofficial until accepted.
These minutes were read and accepted by the Development Review Board on
________________________ , 2004
_________________________________
Rob Heimbuch, Chair