City of Newport
Development Review Board
2008
Minutes
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** April 9, 2008
MEMBERS PRESENT: Paul Curtis, Harriet Hall, John Harlamert, Clark Curtis, Denise Bowen (alternate).
MEMBERS ABSENT: Agathe Coburn.
OTHERS PRESENT: Reginald Shafe, Monte Libby, Nicole Libby, John Wilson, Jim Mulkin, Conrad Bellavance, John Stevens, Paul Monette, Todd Abel Sr., John Hall, Mark Stewart, Pauline Gray, Robin Smith (Caledonia Record), Christopher Roy (Newport Daily Express), ZA Bob Kelley.
7:05 p.m.: Chair Clark Curtis called the meeting to order.
On a motion by John Harlamert and seconded by Paul Curtis the minutes to the last meeting (Mar 26) were accepted as written. The decision was unanimous among the members present.
Chair Clark Curtis read application 08-009 by D & C Transportation Inc for site plan approval to install a concrete containment area at their existing bulk fuel facility and for a 9 ft chain link fence around the entire facility. This property is located at 246 Bluff Road and is in an industrial zoning district. This application was tabled from the March 26, 2008 meeting.ZA Bob Kelley stated he received a call from Scott Oeschger requesting this hearing be tabled as he could not be present and the survey was not completed.
John Harlamert made a motion to table application 08-009 by D & C Transportation Inc until 7:00 p.m. Wednesday, April 23, 2008 here in the Council Room. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
Chair Clark Curtis read application 08-011 by Dena & Pauline Gray and GR Development for an addition to the existing restaurant for a hotel with 77 rooms, for 44 condominium units in 2 new buildings, a 9 stall garage, a 10 stall garage, and a 54 slip boat dock. This property is located at 47 Landing Street and is in commercial Zone A zoning district. This application was tabled from the March 26, 2008 meeting. Mark Stewart was present to explain the request. The parking issue was discussed, both for the hotel/restaurant and for the boat slips. The board asked about the emergency exit onto the Pomerleau property. The parking/unloading dock issue was resolved. The board reviewed and discussed the application in accordance with each item in §606.01 of the Bylaw. It was noted that approval is being requested for Site Plan w/ bike path - C.1 – by Mark Stewart rev. 4/2/08 (exhibit A-30) and for Landscaping Plan - L.1 – by Mark Stewart rev. 4/2/08 (exhibit A-32).
John Harlamert made a motion to grant site plan approval to application 08-011 by Dena & Pauline Gray and GR Development with the condition that they must adhere to the letter from Public Works Director Tom Bernier dated March 24, 2008. Seconded by Denise Bowen. APPROVED BY UNANIMOUS DECISION.
Chair Clark Curtis read application 08-013 by Weaver Street Professional Building LLC for site plan and conditional use approval to change the use of the building to Offices. This property is located at 81 Weaver Street and is in an Urban Residential zoning district. Jim Mulkin was present to explain the request. Four neighbors had concerns with the traffic and the narrow st4reet to this building. The board began with Condition Use Review first, they reviewed and discussed the application in accordance with each item in §605.01 of the Bylaw. Lighting was a question and was addressed. The neighbors have small children that play there and want some assurance that the traffic can be slowed down.
John Harlamert made a motion to grant Conditional Use approval to application 08-013 by Weaver Street Professional Building LLC. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
The board proceeded with Site Plan Review portion for application 08-013 by Weaver Street Professional Building LLC. The board reviewed and discussed the application in accordance with each item in §606.01 of the Bylaw. Parking showed 15 spaces with an additional 19 spaces to be developed as needed. The applicant that the additional 19 spaces remain a green area until needed. Lighting for the parking lots will be supplied by the applicant with concerns for the neighbors view and the neighbors input.
Clark Curtis made a motion to grant Site Plan approval to application 08-013 by Weaver Street Professional Building LLC with the following conditions.
Conditions 1-3 are per the letter from PW Director Tom Bernier to the DRB dated April 3, 2008.
Seconded by Denise Bowen. APPROVED BY UNANIMOUS DECISION.
Chair Clark Curtis read the warning for application 08-015 by George & Nancy Walker for conditional use approval for a 24 ft by 44 ft 2-story 2-family dwelling with 2 – 4 ft by 8 ft decks. This property is located at 200 Glen Road and is in a General Residential zoning district. John Stevens was present representing the Walkers to explain the request. A short discussion ensued. The Board reviewed and discussed the application in accordance with each item in §605.01 of the Bylaw.
John Harlamert made a motion to grant conditional use approval for application 08-015 by George & Nancy Walker as submitted. Seconded by Harriet Hall. The motion was granted by a unanimous decision.
Other Business:
The DRB received a letter from John Stevens of Kingdomcome Corp asking for a modification request of permit 07-060 granted by the DRB on March 18, 2008 with conditions. He would like the Board to reconsider several of the conditions imposed on the application. Discussion ensued and the Board agreed to reconsider and will have it on their agenda for April 23rd. The Board asked the ZA to check into the legality of condition #4. Clark noted that this item was discussed at the last City Council meeting.
Clark Curtis submitted a large packet from the District 7 Environmental Commission including a training manual, Vermont’s land use and development law, etc… This information is for use with the local Act 250 review by the DRB. Copies will be made for each member.
Clark Curtis noted for the record that the DRB granted application 07-060 on March 18, 2008 with conditions and also granted application 08-006 on April 3, 2008 with conditions. Both application were unanimous decisions.
Next meeting is scheduled for April 23rd. Paul Curtis stated he has a conflict of interest with the hospital’s application. The next alternate in line, Gerry Coulombe, has been contacted and is available.
10:06 p.m.: On a motion made by Denise Bowen and seconded by Harriet Hall the meeting was adjourned.
The minutes were taken by Paul Curtis and filed for record on 4/11/08.
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** March 26, 2008
MEMBERS PRESENT: Agathe Coburn, Paul Curtis, Harriet Hall, John Harlamert, Clark Curtis, Patricia Vinson (alternate).
MEMBERS ABSENT: None.
OTHERS PRESENT: Dan Scott, John Stevens, Daniel Roy, John Cote, Paul Monette, Pauline Gray, Scott Oeschger, Steve Mason, Jay Gonyaw, Patricia Sears, Chris Roy, Mark Stewart, Conrad Bellavance, Dena Gray, Arthur Dubuc, Jean Pierce Rancourt, John Ward Jr, Bob Kelley.
7:05 p.m.: Vice Chair Agathe Coburn called the hearing to order.
On a motion by Harriet Hall and seconded by Clark Curtis the minutes to the last hearing (Mar 12) were accepted with an amendment to indicate that Agathe Coburn was not present at the hearing. The decision was unanimous among the members present.
Vice Chair Agathe Coburn read application 08-009 by D & C Transportation Inc for site plan approval to install a concrete containment area at their existing bulk fuel facility and for a 9 ft chain link fence around the entire facility. This property is located at 246 Bluff Road and is in an industrial zoning district. Scott Oeschger was present to explain the request. A few points of interest were given. The point of discharge has to be set with PW Director Tom Bernier. The walled construction will be approx 2 ft high. The fence will sit on top of the wall and will be 6 ft high, not 9 ft high as written on the application. Mr. Oeschger initialed the change to the application. A 6” City water main runs under the tanks at this time. The City would like this water main relocated so that it is not under the proposed concrete containment area. D & C Transportation would like to sleeve this main and leave it where it is. D & C Transportation will fix the corner of their lot on the south end of the property for the City Bike Path. Scott Oeschger explained that all flow will go to the containment area. Conrad Bellavance of Columbia Forest Products said that part of the concrete pad will be on their property. They and D & C Transportation are currently working on a solution to this problem. D & C is in the process of surveying their property. This must be completed before a fence can be put around the area. There is some contaminated soil at this site. It will be removed and new soil trucked in as part of this project.
Clark Curtis made a motion to table application 08-009 by D & C Transportation Inc until 7:00 p.m. April 9, 2008 here in the Council Room to give time for the survey to be completed and to work out an agreement with Columbia Forest Products for a joint application for the fence and the concrete pad that extends onto Columbia Forest Products property. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
Vice Chair Agathe Coburn read application 08-006 by Kingdomgo Corp for final plan review for a 23 lot subdivision. This application is to amend permit #06-010 due to changes made during Act 250 review. The proposed subdivision is for 21 single-family lots and 2 multi-family lots. Lots will be accessed from Fairview St, Kingdom Way, Mt Vernon St and Pine Hill Rd. Also included is a 16 ft by 20 ft building for a hydropneumatic pump station. This property is located between the Newport Country Club golf course and the Glen Road and is in general and urban residential zoning districts. John Harlamert recused himself and left the room because he is an abutter. Alternate Patricia Vinson replaced him on this hearing. John Stevens was present to explain the request. Mr. Stevens explained some of the problems with water on the property and where it is located. The DRB’s request for info during sketch plan approval has been submitted. A large set of maps were presented. Blais Surveying amended 3 of the maps to indicate lot dimensions and water/sewer R.O.W.s. John Stevens submitted a tree planting schedule. There were no questions from the floor and a few from the DRB. A long discussion took place.
8:31 p.m.: Clark Curtis made a motion to pause the hearing to go into deliberative session. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
9:12 p.m.: Upon returning from deliberative session Vice Chair Agathe Coburn called the hearing back to order. There were no further questions for the applicant. Patricia Vinson made a motion to close the hearing on application 08-006 by Kingdomgo Corp. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
The applicant was informed that the board has 45 days to make a decision on the application. John Harlamert resumed his position on the board and alternate Patricia Vinson stepped down.
Vice Chair Agathe Coburn read application 08-011 by Dena & Pauline Gray and GR Development for an addition to the existing restaurant for a hotel with 77 rooms, for 44 condominium units in 2 new buildings, a 9 stall garage, a 10 stall garage, and a 54 slip boat dock. This property is located at 47 Landing Street and is in commercial Zone A zoning district. Dena Gray and Mark Stewart were present to explain the request. There were two proposals for parking provided, one with the bike path and one without the bike path. Dena Gray stated that she is seeking approval for the site plan with the bike path included. She also explained how the project would be done in phases. A question of parking lot lighting came up in the discussion. This needs some clarification, as with a few other needs.
Clark Curtis made a motion to table application 08-011 by Dena & Pauline Gray and GR Development until 7:00 p.m. April 9, 2008 here in the Council Room. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
Organizational Meeting:
John Harlamert made a motion to elect Clark Curtis as Chair. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION, with Clark Curtis abstaining.
Clark Curtis mad a motion to elect Agathe Coburn as Vice Chair. Seconded by Paul Curtis. APPROVED BY UNANIMOUS DECISION, with Agathe Coburn abstaining.
John Harlamert made a motion to elect Paul Curtis as Clerk. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
Other Business:
Changes to the DRB’s Rules of Procedure were discussed. John Harlamert made a motion to amend Section G items 1 & 2 of their Rules of Procedure as follows.
G(1) Open the hearing and introduce the DRB members and Zoning Administrator.
G(2) Proceed with the first item on the agenda.
Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
10:40 p.m.: On a motion made by Harriet Hall and seconded by Clark Curtis the meeting was adjourned.
The minutes were taken by Paul Curtis and filed for record on 3/31/08.
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** March 12, 2008
MEMBERS PRESENT: Clark Curtis, Paul Curtis, Harriet Hall, John Harlamert, Patricia Vinson (Alternate).
MEMBERS ABSENT: None.
OTHERS PRESENT: Daniel Roy, Ruth Roy, Gerry Coulombe, Jay Gonyaw, John Moore, Bob Kelley.
7:00 p.m.: Acting Chair Paul Curtis called the hearing to order.
On a motion by Clark Curtis and seconded by Harriet Hall the minutes to the last hearing (Feb 27) were accepted as written. The decision was unanimous among the members present.
Acting Chair Paul Curtis read application 08-008 by Dale Alger for site plan approval for a change of use to Dry Cleaning for a portion of the building. The proposed Dry Cleaning business is to move into the vacant retail space formerly occupied by The Front Desk. This property is located at 189 East Main Street and is in Commercial Zone B zoning district. John Moore was present to explain the request. It was noted that there is a letter from Mr. Alger authorizing Mr. Moore to act as his agent for this application and Mr. Moore stated that he now owns the building. He will only be doing interior renovations, there is approx 14,000 sq ft of paved parking area, the Front Desk used approx 2,850 sq ft for their retail store, Mr. Moore will be occupying approx 1,850 sq ft for the dry cleaning business and will have approx 1,000 sq ft of storage area, there will be 3 employees. Parking was discussed at length and it was determined that at a minimum there are 28 parking spaces available on the lot. The Board reviewed the site plan in accordance with Section 507.
1.) The adequacy of parking, traffic access, and circulation for pedestrians and vehicles with particular attention to safety;
Parking is adequate. Change of use only.
2.) The adequacy of landscaping, screening, and setbacks with regard to achieving maximum compatibility and protection to adjacent properties;
N/A.
3.) The protection of the utilization of renewable energy resources;
N/A.
4.) Exterior lighting;
Street light.
5.) Harmonious relationship between proposed uses and existing adjacent uses;
Compatible – Permitted use in district.
6.) The adequacy of drainage control;
No change.
7.) Compliance with all pertinent parts of the Newport City bylaw;
OK.
Clark Curtis made a motion to grant site plan approval to application 08-008 by Dale Alger as submitted with the condition that the two letters from PW Director Tom Bernier dated March 7, 2008 and March 10, 2008 shall be complied with. Seconded by Patricia Vinson. APPROVED BY UNANIMOUS DECISION.
John Harlamert made a motion to skip over the next agenda item and move on to other business. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
The Board had Gerry Coulombe and Jay Gonyaw present to interview for a position as an alternate on the DRB. John Harlamert made a motion to go into executive session to interview the two candidates. Seconded by Harriet Hall. APPROVED BY UNANIMOUS DECISION.
Upon returning from executive session Harriet Hall made a motion to recommend to the City Council that they appoint Gerry Coulombe as an alternate member on the DRB. Seconded by John Harlamert. APPROVED BY UNANIMOUS DECISION.
Election of officers of the DRB will be added to their next agenda.
The DRB feels they need more training with respect to MAPA and Local Review of Municipal Impacts for ACT 250. ZA Bob Kelley will check with NVDA to see if they could supply something at no cost, as there is no money available in this year’s budget.
The DRB and ZA discussed their Rules of Procedure. It was suggested that items 1 & 2 of section G. Public Hearings and Order of Business be changed to:
These suggested changes will be distributed to the entire board and added to the agenda for their next meeting.
10:30 p.m.: On a motion made by John Harlamert and seconded by Clark Curtis the meeting was adjourned.
The minutes were taken by Bob Kelley and filed for record on 3/14/08.
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** February 27, 2008
MEMBERS PRESENT: Agathe Coburn, Paul Curtis, Harriet Hall, John Harlamert, Clark Curtis (Alternate), Patricia Vinson (alternate).
MEMBERS ABSENT: None.
OTHERS PRESENT: John Stevens, Dan Scott, Frank Knoll, ZA Bob Kelley.
7:03 p.m.: Vice Chair Agathe Coburn called the hearing to order.
On a motion by John Harlamert and seconded by Harriet Hall the minutes to the last hearing (Feb 13) were accepted as written. The decision was unanimous among the members present.
Vice Chair Agathe Coburn read application 08-006 by Kingdomgo Corp for sketch plan review for a 23 lot subdivision. This application is to amend permit #06-010 due to changes made during Act 250 review. The proposed subdivision is for 21 single-family lots and 2 multi-family lots. Lots will be accessed from Fairview St, Kingdom Way, Mt Vernon St and Pine Hill Rd. Also included is a 16 ft by 20 ft building for a hydropneumatic pump station. This property is located between the Newport Country Club golf course and the Glen Road and is in general and urban residential zoning districts. John Harlamert recused himself as he is an abutter. He did remain at the hearing. John Stevens was present to explain the request and submitted a letter to the DRB dated Feb 27, 2008. John Stevens explained that they have received conceptual approval for the project and 2 years ago they were granted subdivision approval. It was anticipated that there would be changes and that is what is on the table now. Most of the changes are because of ACT 250 review and he described the changes and why they were made.
Mr. Stevens requested that the wording in a letter from PW Director Tom Bernier be changed from requiring the “Design Engineer” or his designee being on site during construction to a “Vermont State Licensed Engineer” or his designee. He noted that they no longer employ the engineer who designed Phase II. He noted that personnel can change often change and he felt the proposed change would be more fair to the developer.
Clark Curtis stated that the Planning Commission wrote the bylaw to require 10 sets of full size print of plans. However the DRB would accept only one set which can be shared.
Mr. Stevens noted that ANR established the Class 3 wetlands and they are depicted on the plans.
§505 of the Zoning/Subdivision bylaw was discussed in great length. Vice Chair Agathe Coburn asked if there was any comments form the audience. There was no comment from Frank Knoll. Dan Scott spoke briefly on plans. The DRB asked for a clarification of an easement from Kingdomcome/go to Newport City be sent to Tom Bernier for review.
8:27 p.m.: Clark Curtis made a motion to pause the hearing and go into deliberative session. Seconded by Patricia Vinson. The decision was unanimous among the members present. ZA Bob Kelley was asked to stay for the deliberative session.
9:25 p.m.: The hearing was called back to order. Vice Chair Agathe Coburn read the findings of fact.
1.) The adequacy of parking, traffic access, and circulation for pedestrians and vehicles with particular attention to safety;
Adequate as submitted.
2.) The adequacy of landscaping, screening, and setbacks with regard to achieving maximum compatibility and protection to adjacent properties;
Final tree planting needs to be submitted with the final plat review.
3.) The protection of the utilization of renewable energy resources;
N/A.
4.) Exterior lighting;
None proposed.
5.) Harmonious relationship between proposed uses and existing adjacent uses;
Proposed use will make it harmonious with the neighborhood.
6.) The adequacy of drainage control;
All drainage control is differed to the State.
7.) Compliance with all pertinent parts of the Newport City bylaw;
Survey that show the established monuments with lots drawn to include dimensions, the redesigned sewer plan and the easements for water and sewer lines approved by Tom Bernier shall be submitted with final plat review.
Paul Curtis made a motion to approve the sketch plan for application 08-006 by Kingdomgo Corp with the stated conditions: 1) Final tree planting needs to be submitted with the final plat review. 2) Survey that show the established monuments with lots drawn to include dimensions, the redesigned sewer plan and the easements for water and sewer lines approved by Tom Bernier shall be submitted with final plat review. Seconded by Harriet Hall.
The Board reviewed the site plan in accordance with Section 507. The decision was unanimous among the members present.
ZA Bob Kelley thought some of us DRB members were “out of line” for recommending a replacement for Joan Poutre prior to interviewing anyone. We felt that this position should be filled from within the DRB, because of the experience already gained and that any new member should be an alternate to the DRB. As it turned out the only candidate to apply was the one that they had recommended, Clark Curtis.
The DRB interviewed Clark Curtis. A motion to recommend Clark Curtis to the City Council for this appointment was made by John Harlamert and seconded by Harriet Hall. The decision was unanimous among the members present.
A motion to table Rules of Procedure review until March 12th was made by Clark Curtis and seconded by Paul Curtis. The decision was unanimous among the members present.
Some other business was discussed.
9:50 p.m.: On a motion made by Agathe Coburn and seconded by Patricia Vinson the meeting was adjourned.
The minutes were taken by Paul Curtis and filed for record on 3/5/08.
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** February 13, 2008
MEMBERS PRESENT: Agathe Coburn, Paul Curtis, Harriet Hall, John Harlamert, Clark Curtis (alternate).
MEMBERS ABSENT: None.
OTHERS PRESENT: Olivia Beleau, Amos Cornell, Doreen Cornell, ZA Bob Kelley.
7:05 p.m.: The hearing was called to order by Vice Chair Agathe Coburn.
On a motion by Harriet Hall minutes of 02/11/08 were accepted with three corrections. Seconded by Clark Curtis. The decision was unanimous among the members present.
The DRB opted to reverse the two applications for tonight’s hearing as one would take much more discussion.
Application 08-004 by Doreen & Amos Cornell was read into the minutes. This application is for conditional use approval for the expansion of a nonconforming structure to add an 18 ft by 20 addition to their single-family dwelling. The existing building is 10 ft from the west side property line. This property is located at 189 Fairview Street and is in a General Residential zoning district. The Cornells explained their application. The five conditional use criteria were discussed and approved.
1.) The Capacity of Existing or Planned Community Facilities;
Findings: This is a single-family house. There is no proposed change of use.
Conclusion: This project will not result in an undue effect on this criterion.
2.) The Character of the Area Affected, as defined by the purpose or purposes of the Zoning District within which the Project is located, and specifically stated policies and standards of the Municipal Plan;
Findings: The existing building is 10 ft from the property line. The building on the adjacent lot is approx 200 ft away.
Conclusion: This project will not result in an undue effect on this criterion.
3.) Traffic on Roads and Highways in the vicinity;
Findings: This is a single-family house. There is no proposed change of use.
Conclusion: This project will not result in an undue effect on this criterion.
4.) Bylaws and Ordinances then in effect;
Findings: This is a single-family house. There is no proposed change of use.
Conclusion: This project will not result in an undue effect on this criterion.
5.) Utilization of Renewable Energy Resources;
Findings: There is no known solar, water or wind power in the area.
Conclusion: This project will not result in an undue effect on this criterion.
A motion was made by John Harlamert to approve application 08-004 by Doreen & Amos Cornell as submitted. Seconded by Harriet Hall. The decision was unanimous among the members present.
Application 08-003 by Passumpsic Savings Bank/Gilman Housing Trust was read into the minutes. This application is for site plan approval to add a 3rd floor, for an 18 ft by 36 ft addition for an elevator and stairway, and to change the use to commercial/retail with 13 units of senior housing. This property is located at 107 and 119 Main Street and is in Commercial Zone A zoning district. Olivia Beleau explained the plans in good detail. This building is on the Historic Preservation list and minimal change can be made.
The DRB thought that parking may be an issue. The site plan shows 19 parking spaces available. In theory this plan may need 21 spaces. It is noted however that not all senior citizens may drive a vehicle and the full parking lot out back may be used if need be. The board reviewed the seven criteria for site plan approval.
1.) The adequacy of parking, traffic access, and circulation for pedestrians and vehicles with particular attention to safety;
Findings: 19 parking spaces are proposed. Access is from Coventry St and thru the municipal parking lot off Central St. Circulation remains basically unchanged. The use of the property is changing from bank/retail/office to retail/elderly housing.
Conclusion: Parking, traffic access, and circulation for pedestrians and vehicles are approved as submitted.
2.) The adequacy of landscaping, screening, and setbacks with regard to achieving maximum compatibility and protection to adjacent properties;
Findings: There is currently minor landscaping in the rear. Set backs in this zone are zero. Minimum changes.
Conclusion: Landscaping, screening, and setbacks are approved as submitted.
3.) The protection of the utilization of renewable energy resources;
Findings: There are no renewable energy resources in the area that need to be protected. They are hoping to utilize solar energy for hot water.
Conclusion: Protection of the utilization of renewable energy resources is approved as submitted.
4.) Exterior lighting;
Findings: Exterior lighting is minimal, mostly mounted on the building and downward facing. Lighting will be sufficient for security reasons.
Conclusion: Exterior lighting is approved as submitted.
5.) Harmonious relationship between proposed uses and existing adjacent uses;
Findings: The proposed uses (retail & elderly housing) are both permitted uses in this district.
Conclusion: Harmonious relationship between proposed uses and existing adjacent uses is approved as submitted.
6.) The adequacy of drainage control;
Findings: The bylaw requires that drainage control be approved by the PW Director. There has been no letter submitted from the PW Director approving the drainage control.
Conclusion: The adequacy of drainage control is approved with the condition that the PW Director submits a letter with his approval.
7.) Compliance with all pertinent parts of the Newport City bylaw;
Findings: The bylaw requires that the PW Department review the project for the adequacy of water, sewer and roadways. There has not been a letter submitted concerning this review.
Conclusion: This application is in compliance with all pertinent parts of the bylaw with the condition that the PW Department must submit a letter stating that water, sewer and roadways are adequate for this project.
A motion was made by Clark Curtis to grant site plan approval for application 08-003 by Passumpsic Savings Bank/Gilman Housing Trust with two conditions: 1) PW Director submits a letter with his approval of the provisions to control natural drainage water; 2) PW Department must submit a letter stating that water, sewer and roadways are adequate for this project. Seconded by Paul Curtis. The decision was unanimous among the members present.
Other business: None.
9:04 p.m.: On a motion made by Agathe Coburn and seconded by John Harlamert the hearing was adjourned.
The minutes were taken by Paul Curtis and filed for record on 2/14/08.
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** February 11, 2008 as amended
MEMBERS PRESENT: Agathe Coburn, Paul Curtis, Harriet Hall, John Harlamert, Patricia Vinson (alternate for application 07-060), Clark Curtis (alternate for application 07-060).
MEMBERS ABSENT: None.
OTHERS PRESENT: Frank Knoll, Dan Scott, Kristin Bacon, Dan Maclure, John Stevens, Charlie Elliott, Trevor Evans, ZA Bob Kelley.
7:08
p.m.: Vice Chair Agathe Coburn called the meeting hearing to
order.
Harriet
Hall made a motion to accept the minutes of the last meeting hearing
(Feb 4) as read. Seconded by Patricia Vinson. The decision was unanimous among
the members present.
Vice Chair Agathe Coburn read into the minutes application 07-060. Paul Curtis recused himself, but remained to take minutes. John Harlamert recused himself and stayed at the meeting. Vice Chair Agathe Coburn asked if all info and testimony had been presented.
A letter was read from John Stevens regarding bond money. Clark Curtis asked for more clarification of the bonds. Dan Scott explained to the DRB how these bonds work. John Stevens explained why the bonds were worded as they were. The bonds in effect act as an insurance policy to guarantee the gravel pits will be fixed as depicted on the application and the plans. Attorney Davies has not given an opinion of the contract sent to him as of yet.
A letter from Dan Maclure was read into the minutes. Dan Scott calculated that cost of trucking and fees assessed by trucking from Calkins Pit to Newport, and reported that the new earth removal from Pine Hill will cut the cost of trucking about in half. This in turn will save fuel and a lot less pollution. Dan Scott presented a “petition” to the DRB with 25 signatures from mostly local business people who support this endeavor. John Stevens spoke briefly of all that is happening to Newport and its growth. He also stated that these projects are all privately funded, not any funds from the public sector. And of course time is very important. Frank Knoll wants the explanation of the taxable base from this application. Also he wants traffic better explained and reiterated that the number of truck traffic should be doubled, as all trucks must return. Frank Knoll does not like the 10 year time table to do this excavation. He wants it (time table) to be cut to two years. A short rebuttal from Dan Scott followed. He wanted to remind people that: #1 the purpose of the bonds is for reclamation and performance, not for streets and roads. #2 Property taxes will not go down as they never have and never will. Other properties will be enhanced by this project.
T S & G will not use a drive next to the Newport Country Club if that is what Frank Knoll wants. However a road will be there for phase II of Kingdomcome/go.
The State of Vermont is the overseer of this project. Dan Scott stated that activities draw people and will make for a better city. John Harlamert said this is a positive venture for Newport, is a good project and he is “all for it” with his full support.
Clark Curtis reiterated from last week, a letter written to the DRB from Dan Scott that addressed DRB procedures. Clark felt the letter was aimed at him personally.
A motion was made by Clark Curtis to pause the hearing and go into a deliberative session and have Council member Charlie Elliott attend the session. A short discussion on the legality of this move was held. It was deemed to be legal. Seconded by Harriet Hall. Ayes - Patricia Vinson, Harriet Hall, Clark Curtis. Nays - Agathe Coburn. The motion was approved and the board entered deliberative session.
At 9:06 the hearing resumed. Vice Chair Agathe Coburn asked if anyone had any final comments before the board closes the hearing. A motion to close the hearing, as no more evidence was presented, was made by Harriet Hall and seconded by Patricia Vinson. The decision was unanimous among the members present. The public was told that the DRB has 45 days in which to make their decision.
Other business: It was noted that Joan Poutre notified the City Council that she was resigning effective immediately. The board expressed their thanks for her service. The board may have interviews on Feb 27th if any candidates apply for the DRB.
No new business at hand.
9:30
p.m.: On a motion made by Clark Curtis and seconded by Patricia Vinson the
meeting hearing was adjourned.
The minutes were taken by Paul Curtis and filed for record on 2/12/08.
NEWPORT CITY DEVELOPMENT REVIEW BOARD *** MINUTES *** February 4, 2008
MEMBERS PRESENT: Paul Curtis, Harriet Hall, John Harlamert, Joan Poutre, Patricia Vinson (alternate for application 07-060), Clark Curtis (alternate for application 07-060).
MEMBERS ABSENT: Agathe Coburn.
OTHERS PRESENT: Dan Scott, Frank Knoll, Kristin Bacon, Dan Maclure, Joan Curtis, Bob Kelley.
7:00 p.m.: Chair Joan Poutre called the meeting to order.
Harriet Hall made a motion to accept the minutes of the last meeting (Jan 22) as written. There was no second.
After discussion and some changes to the wording, on a motion by Harriet Hall and seconded by Clark Curtis the minutes to the last meeting (Jan 22) were accepted as amended. The decision was unanimous among the members present.
The ZA and DRB Clerk handed out copies of documents related to application 07-060.
Application 07-060 was read into the minutes of the meeting. Paul Curtis recused himself, but stayed to take the minutes. John Harlamert recused himself as he is an abutter. John also stayed at the meeting. A short discussion ensued and it was noted that:
1) John Stevens has amended the application to indicate the correct zoning districts.
2) A letter from PW Director Tom Bernier was presented.
3) Because Agathe Coburn could not be present the board decided to table the hearing. Potential dates were discussed and it was felt that next Monday would work best.
Patricia Vinson made a motion to table application 07-060 by Kingdomgo Corp & Territory Sand & Gravel until Monday February 11, 2008 at 7:00 p.m. in the Council Room of the Municipal building. Seconded by Harriet Hall. The decision was unanimous among the members present.
Dan Scott, Kristin Bacon, Frank Knoll and Dan Maclure all left the meeting.
Other Business: After a discussion of the DRB’s Rules of Procedure and of the ZA’s duties, Chair Joan Poutre called for a meeting to be held Wednesday February 27th at 7:00 p.m. to discuss their Rules of Procedures in greater detail. John Harlamert discussed where the ZA is supposed to sit at the hearings. A Zoning Administrator’s Handbook states that “It is better for the ZA to sit apart from the board…”
7:55 p.m.: Chair Joan Poutre called for a motion to adjourn, as she had other business to attend to. Motion by Clark Curtis, seconded by Harriet Hall. Unanimous.
Omissions and/or errors may be corrected at our next hearing.
The minutes were taken by Paul Curtis and filed for record on2/7/08.
DEVELOPMENT REVIEW BOARD *** MINUTES *** January 22, 2008
MEMBERS PRESENT: Paul Curtis, Harriet Hall, Joan Poutre, Patricia Vinson (alternate for application 07-060), Clark Curtis (alternate for application 07-060).
MEMBERS ABSENT: John Harlamert, Agathe Coburn.
OTHERS PRESENT: Dan Scott, Kristin Bacon, John Ward Jr, Frank Knoll, Patricia Sears.
7:00 p.m.: Chair Joan Poutre called the meeting to order.
On a motion by Clark Curtis and seconded by Harriet Hall the minutes to the last meeting (Jan 9) were accepted as written. The decision was unanimous among the members present.
Chair Joan Poutre read application 07-060 by Kingdomgo Corp & Territory Sand & Gravel for gravel extraction for sale off site and to reclaim previously disturbed areas along with reclaiming sites disturbed by extraction. This property is located off Glen Road to the west of the Newport Country Club golf course and is in General and Urban Residential zoning districts. This application was tabled from their January 9, 2008 meeting. Joan Poutre recused herself because of a conflict of interest but remained on board to lead the meeting, as vice chair Agathe Coburn was not present. Paul Curtis recused himself because of a conflict of interest, but remained on board to take minutes as Bob Kelley was not present.
Joan Poutre read into the minutes a letter from Zoning Administrator Bob Kelley to either postpone or close the meeting, as he and Agathe Coburn were not present. After interpreting the limits of authority of the Zoning Administrator, it was decided to proceed as scheduled. Zoning Administrator Bob Kelley does not run the meeting; he is to interpret the Zoning Bylaw for the DRB. The Chair will run the meeting. Also, Agathe Coburn is allowed to miss one meeting but can read the minutes and still be allowed to participate in the final vote.
Other letters read into the minutes were: A letter from Derby, VT from Steve Gendreau that ingress and egress are allowed on Derby roads with conditions; A letter from Jim Johnson, Newport City Clerk/Treasurer, stating the amount of money in an escrow account with the City office.
Chair Joan Poutre asked if there were any questions or written testimony to be given at this time from the public.
Dan Scott wants some conclusion to this matter.
Frank Knoll had comment to state, as he contends the major issues are not addressed. He listed 3 negatives. 1) He feels 10 years is too long for this project. 2) He feels there is a potential to lower taxes and the board has an obligation to look at this. 3) He feels the traffic study was flawed, as the study did not reflect returning truck traffic. He stated that was all he had to say about the matter.
Questions from the Board to participants:
Clark Curtis asked about the long bridge and its use. John Ward responded that the long bridge is due for reconstruction some time between 2010 and 2012, with estimated cost of 4 million dollars. The bridge is currently structurally sound and not posted. However it will be posted and when construction starts, will be completely closed.
Clark Curtis asked about detail of the contract between Kingdomgo and Territory Sand and Gravel, are the bonds complete? Kristin Bacon: We have provided the bonds necessary that the Board wanted.
John Ward stated he came to listen only, with come concerns about Newport downtown.
Patricia Sears has only concerns about downtown.
Dan Scott responded, saying he did not come to dispute this project, as it is not feasible nor practical to do in such a short time. Because of the size of this project, Phase II is already in progress, this removal of gravel, etc… is not unfair and cannot be done in a short time frame. The term of 10 years is not unrealistic, and has nothing to do with the gravel extraction. He feels this project will not reduce property values, but quite the opposite effect, and will enhance property values. Also, 10 years cannot be an issue, when only 5 acres at a time is all the law allows. This project is a reclamation project to rebuild the property to a saleable condition. 180 acre site is going to be a long job to rebuild as it is realistic to go this route that has been proposed.
Patricia Vinson asked if this would be 2 years of use of the Glen Road? Dan Scott replied that, as soon as Phase II is completed they will stop use of this road. It may not be needed after 2 years. Some roads being used at the old “Pepin Pit” will be used for extraction and then be in common with Phase II.
Frank Knoll asked what paving schedule for the roads to use off site? Dan Scott replied when Phase II is complete, the problem goes to Kingdomgo. Kristin bacon replied that the question is irrelevant, it has nothing to do with extraction.
Dan Scott said that there is no problem receiving contracts, however the money issue is not open to the public, just in private session. Also, the bond is for reclaiming the site, not for anything else.
Clark Curtis asked Territory Sand and Gravel to pass along to Kingdomgo the fact that the application is missing a district on their application and that Kingdomgo not Territory Sand and Gravel fill it in next time they are in.
Patricia Vinson asked if the money covered any bridges in Derby and which class the roads were? The roads are class III and the question does not pertain to Newport City.
Clark Curtis asked if the processing equipment might be mechanical? Dan Scott agreed it would be. There will be no blasting on site either.
Clark Curtis asked about trees, as a renewable energy source? Dan Scott said any tree on a 1-1 slope will be taken down.
That ended discussion.
8:05 p.m.: Clark Curtis made a motion to pause the meeting to deliberate. Seconded by Patricia Vinson. Unanimously approved.
8:43 p.m.: The meeting was called back to order. Clark Curtis stated that the Board wants four (4) items clarified.
1) Proof of the $25,000 bond from Kingdomgo and Territory Sand and Gravel.
2) Contract between Kingdomgo and Territory Sand and Gravel sent to City attorney Davies for consideration.
3) Asked that Territory Sand & Gravel present a letter to the DRB stating that they or their project will adhere to the Performance Standards as set forth in 332 of the Bylaw.
4) A letter from Tom Bernier of approval of the project.
8:45 p.m.: Clark Curtis made a motion to table application 07-060 by Kingdomgo Corp & Territory Sand & Gravel until 7:00 p.m. Monday February 4, 2008 somewhere in the Municipal Building due to the fact there is or could be a City Council meeting, if the Council has a meeting we will meet in another room somewhere in the Municipal Building. Seconded by Harriet Hall. The decision was unanimous among the members present.
8:55 p.m.: On a motion made by Patricia Vinson and seconded by Harriet Hall the meeting was adjourned.
The minutes were taken by Paul Curtis and filed for record on 1/24/08.
DEVELOPMENT REVIEW BOARD *** MINUTES *** January 9, 2008
MEMBERS PRESENT: Agathe Coburn, Paul Curtis, Harriet Hall, Patricia Vinson (alternate for application 07-060), Clark Curtis (alternate for application 07-060).
MEMBERS ABSENT: John Harlamert, Joan Poutre.
OTHERS PRESENT: Dan Scott, Sally Brown, Daniel Maclure, John Stevens, Frank Knoll, Kristin Bacon, Bob Kelley.
7:00 p.m.: Vice Chair Agathe Coburn called the meeting to order.
On a motion by Clark Curtis and seconded by Paul Curtis the minutes to the last meeting (Dec 12) were accepted as amended to reflect the Patricia Vinson was at the meeting and the Paul Curtis took the minutes. The decision was unanimous among the members present.
Vice chair Agathe Coburn read application 07-060 by Kingdomgo Corp & Territory Sand & Gravel for gravel extraction for sale off site and to reclaim previously disturbed areas along with reclaiming sites disturbed by extraction. This property is located off Glen Road to the west of the Newport Country Club golf course and is in General and Urban Residential zoning districts. This application was tabled from their December 12, 2007 meeting. Dan Scott, John Stevens, and Kristin Bacon were present to explain the request. Paul Curtis stepped down due to a conflict of interest. Mr. Scott asked the Board if they deliberated at the last meeting and the Board informed him that they had not. Mr. Scott submitted photographs of the Glen Road area to show the location of the various properties (Kingdomgo, G & K, Transmission line, etc…) and stressed the separation between the gravel extraction and the G & K property. Mr. Knoll stated that all his concerns were submitted in writing and had nothing further to add. John Stevens went over his letter dated 12/28/07 in detail. Clark Curtis asked about bonding and was told that the City has over $45,000 in an escrow account already, T S & G is giving Kingdomgo a $25,000 cash bond and T S & G will have a $100,000 performance bond. No details concerning the bonds were presented. The applicant felt the details were a confidential matter and is willing to accept a condition that the bonds be approved by the City Attorney. Access onto Pine Hill Road in Derby was discussed and their prior submittal was reviewed. The Board reviewed the 7 site plan criteria with the applicant and interested parties and asked if anyone had any new information to submit or questions. No one had anything new or questions. Some final comments included - Mr. Knoll thought the 10 year time frame was too long and would not be beneficial to the Neighborhood or the City. Mr. Scott and Mr. Stevens both thought the time frame was realistic for the amount of fill they wished to extract.
9:00 p.m.: As the Board began deliberations the applicant and interested parties left. The board began compiling their findings of fact on the first criterion the adequacy of parking, traffic access, and circulation for pedestrians and vehicles with particular attention to safety. They also discussed bonding. They concluded that the needed more information on the bond currently being held by the City and better clarification on the access onto Pine Hill Road in Derby. The Board requested that the zoning administrator inform the applicant that they would like a letter from the City Clerk on the amount of funds in the account for reclamation of the Pepin pit and that they would like a letter from the Derby Road Commissioner on Derby letterhead stating that ingress and egress from the proposed gravel extraction is allowed to enter onto Pine Hill Road as depicted on their site plan.
Clark Curtis made a motion to table application 07-060 by Kingdomgo Corp & Territory Sand & Gravel until 7:00 p.m. Tuesday January 22, 2008 here in the Council Room of the Municipal Building. Seconded by Harriet Hall. The decision was unanimous among the members present.
11:10 p.m.: On a motion made by Patricia Vinson and seconded by Agathe Coburn the meeting was adjourned.
The minutes were taken by Bob Kelley and filed for record on 1/14/07.