 Good evening, everyone welcome to the City of Montpelier Development Review Board for Monday December 17 My name is Daniel Richardson. I serve as the chair the other members from my right are Rob Goodwin Meredith Grandle staff Kate McCarthy Tom Kester Ryan Kane First order of business is the approval of the agenda. Does anybody have any? additions changes Or a motion to approve the agenda Second motion by Kate second by Tom All those in favor of the proving the agenda as printed, please raise your right hand agenda So the comments from the chair are gonna be a little bit more expansive tonight and help so we're gonna stand down here for their service Collectively probably more years of service than we've had zoning in Montpelier or somewhat close Modern zoning in Montpelier owes these three gentlemen a huge debt That they have brought the DRP to the body that it is today They have overseen a great deal of the development that the city has undertaken over the past 15 20 years and If you like the way Montpelier looks today, you owe each of these gentlemen a debt of gratitude because it's their hard work their determination their fairness their poise and Practice that have brought us to the city that we have today and we're really fortunate to have had their service here on this board I've enjoyed serving with all three and I felt very strongly that they all needed to be Recognized for their service. This is a volunteer board. It's a thankless job You get pushed on the street for you know appearing on TV and making a decision somebody doesn't like There's no rewards. There's no pension system. It's it's just simply giving to the community and these three members that we're celebrating tonight Are exemplars of that community service? So it's really my pleasure and I asked them to come up. So Roger Kranz, Jacqueline Lee, Phil Zallinger We have for you Remember to map of the city of Montpelier with your names Roger. This is yours right here. Oh, wonderful. So Jack Meredith had yours so All her predecessors that zoning is the worst job in sitting government and that's because you know the firefighters of the heroes They come and save you and they come Angolance and all that they help the police come and help you but sometimes they give you a ticket DPW, you know, they plow you it's great, but then there's potholes So, you know, they kind of expect zoning you could ask permission to use your own property So even on a good day when someone gets a permit, they're still a little grumbly about and I think the only thing worse Then being paid to do zoning is to volunteer to You folks have really given to this community for a long long time And I as a staff person who's also been here for a long long time have appreciated the efforts that you have put in on behalf of the city and In particular not the singlet almost but Phil, you know Phil predates me on any of these boards you when I got here You were I think chair of the ZBA and has been a long period of time So I have a little special something for you I'm gonna give you a key to the city And the astute amongst you will observe that it doubles as a bottle opener But anyway, thanks you to all three of you on behalf of the city I would just say a few words I've worked with every zoning administrator the city has ever had Mike Jones was the first zoning administrator and so he still served in Mid-80s when I joined the zoning board of adjustment. So I've worked with every zoning administrator the city has ever had They've improved Exponentially the administration zoning is exponentially in the last 30 years and When I left it was still improving and I expect it will continue to improve people take the job seriously they dedicate themselves to Understanding the ordinance and applying it evenly and fairly Staying on the reservation when it comes time to make decisions being judicious and being fair so I don't expect that it won't continue to improve and ZBA I mean the DRB is a good answer But thank you for the recognition. We never did it for the recognition I can also tell you that the administration of our meetings changed dramatically when they became televised It was just as west of the PECOS before that before the TV cameras started to Run, but I think it's been positive for the city as well. Everybody can watch Thank you very much He came from the zoning side I came from the planning Mike Jones also took care of Happy to tell members here that service on this committee is probably the thing you can do for the city We should have a good time doing it There's going to be some tough times, but if you have Dan as the chairman instead of Phil, I'm sure he gets you through Merry Christmas to all I Why don't we take a five-minute break if we can that's okay. I don't think we have the It's enough members to approve the minutes from December 3rd. Who's the next thing on our agenda? There's always next time So let's let's go forward to the fifth item, which is the first item of actual business That is the final subdivision plan review for 155 Northfield Street the owner applicant is national life insurance company Chris you're here to testify if you am would might actually first state your full name for the record, please Chris Geraint cuff and you're here on behalf of the applicant here on behalf of national life So if you raise your right hand Do you solemnly swear a firm that the evidence you're about to give for the matter under consideration? She'll be the truth the whole truth and nothing but the truth under a pains and penalties perjury do Please go ahead let us Um I think all the members are present will recall we were here for a sketch plan review about a month ago for a subdivision of a two-acre parcel surrounding the existing preschool and apartment building Located at 155 Northfield Street owned by national life national life is subdividing this parcel to Donate to the Waldorf school The school has been renting slash policing the Facility for their preschool purposes for a number of years and national life Is going to convey them the property on this parcel, which is an aggregate 17.85 acres Exists the preschool with the apartment overhead a solar farm and community gardens The parcels to be created are 2.05 acres with the preschool and the and the attendant accessory structures and development play area, etc And then the remaining 15.8 acres with the solar farm and community garden the total area of 17.85 acres is demonstrated as it as a succinct individual holding of the of the national life insurance company that has been merged for tax assessment purposes But is ace is a standalone Feast the individual parcel of land that they acquired 1968 as we discussed a sketch plan review the the board seemed to be comfortable with it the The original parcel had been surveyed when national life acquired it in 1968 We have not at this point endeavored to resurvey the entire property And I've only surveyed the 2.05 acres in accordance with state statute and Surveyors board rule requirements You don't believe that the boundary survey of the balance of the property is necessary to demonstrate compliance of the ordinance And unless directed so by the board We don't intend to do so. I think Meritus summary and staff comments pretty well addresses everything that we have to offer Couple of things that the board did request at sketch plan review that we have added to the plan as mentioned in Meredith's comments We're addressing the Right period and water buffers. I Imported the VC gi light our contour data and did my level best with that data to determine a top of bank It's not The data may be good the data may not be good the definition of the top of bank in field This is my my wonderment in my query and I took what I believed to be a very conservative top of bank To describe as the as the as the feature from which these buffers are measured as Meredith noted in her comment if anybody needs to if anybody either National life for the remaining Retained a parcel lot number two or the Waldorf school on it endeavor to do any further development on it's going to require a Much more site-specific analysis of what those where those bank really are But at least everybody's on notice that those those Potential development issues exist And since no development's proposed that no additional development's proposed at this time. We believe that's sufficient the one one area with Meredith comments regarding the language of the easement to be reserved There's a current access Serving the solar farm and runs right through the middle of the project and we're attending to reserve it National life will reserve that easement through the property of late this afternoon We were provided some as part of our application package. We provided some draft language for that easement Late this afternoon. We were provided some additional language that we believe further addresses the concerns as to the maintenance responsibilities and Abilities of the individuals to Change what was submitted that further flashes out the ability of the school to maintain the area within this right of way Allows them to do whatever is necessary In addition, we would really like to be able to do to to reserve this easement as part of the final exchange of Of the deed of the drafting of the deed and conveyance to the Waldorf school as opposed to a separate easement So we would ask that the condition that We did the draft language if we provide the draft language to staff which I at this point we have That we could get the condition Modified such that that the language appear in the final deed as opposed to a separate a separate document agreement That would have to come prior to the issuance of the permit We'd like to get the permit issued so that we can draft the deed and do this in one document So that those rights remain vested in national life as opposed to having two different documents that Although the potential is slim that may not always align if it's everything's contained in one document It's all going to be on the table in one place for everybody to understand the rights and responsibilities of that right away So so the idea would be to take this draft easement language and Slip it into the deed. Yes. Yeah, exactly before we go into that. I just want to make sure we check off a couple of boxes So this is served by city water and sewer yes, sir, and the current building has the Walter school in the first floor and is the apartment on the second floor residential Correct, and those are the only two uses on the property. Yes On the on the two and a half acre law one right now, sir, five acre law one. Yes, the parcel to be split off Know that just in looking at the staff comments that The current subdivision boards with density a lot size frontage and setback requirements and that the actual buildings inside are within any of the existing setbacks that would be created by this new lot although The map the survey itself doesn't indicate that but just measuring the distances would indicate The buildings are within the setbacks So we're not creating an inconsistent or non-conforming lot Correct. I'm I'm satisfied personally in just one member with the the threat of stream Illustration I think that's just important to Indicate to the To future owners that there is this Large feature that will obviously be any type of the additional development. Yeah The staff findings are also at the two lots of division without further development changes Use will not cause a disproportion around the reasonable burden on cities ability to provide community facilities and utilities Undo adverse impact on traffic and that the lot arrangements from that at this point Then unless anybody does anyone have any questions as far as The layout I mean, I think we break you over the calls last time to some degree So I think the sole question really then comes down to do we want to fold the condition about the easement with the deed And actually there's a two-step part to that question first is and this is the staff comments about Seeking and I think this comes from public works Seeking clarity does the revised Clarify which parties have responsibilities for maintaining the road access road over the access easement and including a condition that the easement be Record well, that's the second part of the question. So I think that the additional language touches upon that maintenance Point that the national life would have the right to maintain the easement the road to make Its own access purposes Because beyond being a driveway a lot one it has no other need for that No, no, it's not required to provide Frontage or you know, it's not the primary access to the to the remaining plot to by any means but it is an accessory the School would have free run of it as long as I didn't do anything to obstruct national life's access through there No storage containers in the middle of No plate no plate no plate bands As far as where the easement deed goes I'm I'm satisfied that it would be a representation that or a condition that any deed transferring lot one contain the easement language and that you know, I think we've always been not inclined to Tell people how to write their easement deeds because of the legal formalities of it. I think the language that's been included I'm not gonna give a legal opinion on it, but it certainly meets the the areas that we had raised from a zoning perspective and from a city perspective so I don't have a problem with the condition just simply saying that a road maintenance agreement similar in form with the elements Shown in the sample be contained in the deed transferring lot one Makes sense to me there's no reason to require a separate easement document I think it should just be in the deed transferring the property and I think it's appropriate just to condition the approval on that Okay, I guess I would say that we just say needs to be recorded regardless of how it's recorded That doesn't have to be necessarily in That deed or it could be a separate. Yeah, we've just simply recorded as part of either a separate agreement or Okay, so I think there's a general consensus does anyone have any other questions about this Subdivision Wait, I just maybe you could summarize I know you've been back and forth with the Public Utility Commission and maybe not getting an answer at national life That's nationalized lawyers have been back and forth. They have they have reviewed the the approval for the For the soul affair, okay, and the answer from them, and I believe it was provided by email Their review says there's no issue I don't know that bearing some sort of formal application in front of the Commission that we would have a formal answer from them in any fashion, but yeah The feeling that of the attorneys that have reviewed it on nationalized behalf is that this doesn't in any way impact that approval I mean my sense for that issue at least is that becomes incumbent upon National life, which is if by selling this parcel and not including certain language in the easement They come to violate their certificate of public good You know they can always come back and ask for an amendment And I don't think that's necessarily anything we need to condition it on Yeah, I would attend to agree I don't I mean I think I Mean we can give zoning permission and it can turn out to be You know completely counteractive to the PUC CPG in which case then it's incumbent upon the after that to then figure out a way forward And they've had at this point ampitide was one of the first things I brought up when they first brought us the project One about doing this was that just want to make sure Actually though what I do want to ask one question at least do the utility lines for the power of that solar farm Do they stay on a lot to where they cross over a lot one at any point? I have not the foggiest idea I have not the foggiest idea It seems unlikely that they would have come down between the buildings there the primary the utility pole where I Shouldn't say I don't have a slice idea. That's not completely true the utility pole where the Where the risers are is over here on On the on the frontage where the conduits run up of the pole how they get there. I don't know We didn't see any evidence of a trench. Mm-hmm. I think that it would be behooved them unless they have some as little information Which hasn't been provided to us I would agree that it would probably move nationally to make sure that That that is covered in language I mean, I think that's again that sort of easement language that Doesn't necessarily affect our view but may down the road be something that they want to pay attention to before They have to ask for it after a transfer Any other questions? Yes, Kate. I noticed a red highlighted comment from staff on page 13 Which says regarding landscaping. It says the final plan does comply with section Landscaping requirements, but the comment reminds the board that we make it to consider and have the option of requiring Community garden access And the preschool play area So I'm flagging that as a staff comment that we've been invited to consider dealing in the board Yep, yeah, it's up from the I think this play area was actually a horsecrawl or something But it actually rise it does rise up from here out to the field that field right there. It's un-maintained primarily just Appeared to be you know the annual bush hogging un-maintained field It says that one of the justifications for additional landscaping is to maintain and provide privacy both for joining property owners and between the lots within the subdivision but looking at this and what you just said we've kind of got topographic screening already between on the lot one between Western part of lot one and Yes, yeah, and then we have existing screen in the form of big tree On the other lot line, so I think The work with the wooded gully certainly is separating it from from the other residential uses to the east Yeah, I would agree I mean especially given that you know it's a community garden I think if development were proposed additional development on either of these lots then it might be more appropriate to consider additional screening for that development, but Yeah, like you say screening up a play area that's already at a different elevation from a community garden Doesn't seem like something that we should be requiring people to do Good thanks any other questions or any other issues Hearing none I will entertain a motion if someone wishes to make it sure I'll move to approve application Z dash 2018 dash zero one four three for two lot subdivision as presented in the application dated November 21st 2018 and the supported materials subject to the following conditions Within 180 days of the decision in prior to issuance of a zoning permit the applicant shall record a final survey plot in the Montpelier land records for the procedures detailed in section 4405 of the zoning regulations and Record with the city Either in the deed or in a separate agreement An agreement moralizing the location rights and responsibilities associated with the access easement. I may have made a slight typo. I'm just suddenly questioning whether or not the recording of the Subdivision plan that's not that's after the permit is issued. I Think I think that was a typo on my part But I can't remember for sure to be honest I just suddenly I'm totally questioning what I wrote in there There's something to record a final plot. Yeah, they still need to record a final plot But suddenly my brain is going wait Is that supposed to be after the permit or before the permit 4405 a says after the development review board approves The final plan the applicant shall file a final subdivision plot for filing in the city's land record within 180 days so So it's after approval, but I mean it's it's I would just strike the length of a priority Yes, thank you Drafting too many garage. So yeah conditioned You got a thin hundred days final plot and then somewhere whether it's in the deed or whether it's a separate agreement have Some language memorializing the easement and the rights responsibilities of the parties over it. Yep Motion by Ryan second second by Tom Hearing none all those in favor of the motion, please raise your right hand. All right, you have your subdivision All right, that concludes any of our application business Tonight is the last meeting of the DRV for 2018 our next regularly scheduled meeting is Monday, January 7th 2019, but I believe merit it as of today. Do we have any applications in the pipeline? We have no applications for January 7th. So if unless you all want to Have a meeting to do some training or some other Board activity it should probably be canceled and the next meeting would be January 22nd a Tuesday I think for the best way to We can obviously discuss it, but My recommendation or at least sense would be let's pull the board Obviously I've had time off from because of the recusal of the garage but I know you guys have been working really really hard on a number of Extra meetings, so you may want a breather and In which case because it's not just the 7th, but it may be the other meeting in January as well The we don't technically we don't have an application right now for January. There is one. I know of that Thank you. Thank you. They meet the deadline Could be on for the 22nd So one thing that we could do and we've done this before is In the winter when it's slow, we've gone to one meeting a month and just simply made that the the mid-month meeting and We could if we had an agenda, you know, obviously either do some training or discussion of other issues As they arise, but I think it may make sense to have that sort of by Pull the pull the whole board have Meredith send out an email to each of us and what I would encourage is not for us to discuss that But to give Meredith our feedback as to what we thought she could then compile it and You know basically see if there is a consensus for some type of training meeting or to have the 7th off or Because I think we'll get a cut at this in February is my sense is that we'll probably have a meeting a short meeting in January the second Meeting and then February we're likely to have the same situation where we may have one or two applications Just because it's the winter, but there would certainly be time at that point and it is the holidays people may have plans or vacations Certainly open to how people want to proceed Okay, Mr. Chair your idea sounds good to me. I maybe can add to that by suggesting that when Meredith Sir surveys us you collect ideas of the kinds of things would like to be trained on not necessarily So that staff can scramble to train us by the 7th But so that there's a running list of things we might be interested in so if these do come up again There's actually time for us to make a reasonable request for some for some training And that way you can kind of have in the pipeline some information for us So that even if it's six weeks from now, we have a little bit of time We're excited about that's Mike, and I had a very similar discussion earlier today Good That's a general consensus. Yes. Do we have any other new business or any other issues? Over here. All right, during none. I will take a motion for adjournment Motion by Tom for a second second by Rob all those in favor, please raise your right hand We are adjourned. Thank you all very much. Have a happy new year