Development Review Board Meeting

Present: Tim Waker, Bob Bushee, Alan Benoit, John Watanabe, Gerry Deyo, John Griffin, Howard Kalinsky; Kaitlyn Filippi; also Planning Director/Zoning Administrator Lee Krohn, and others per sign in sheet.

Motion Benoit to approve the minutes of 11/18/09, clarifying that he had sought a 150' deep wildlife corridor buffer on the westerly boundary; seconded by Griffin and OK by all.

 Design Review applications: none.

Maclean, 467 Three Maple Drive

Applicants were sworn. Review of this proposed six lot residential subdivision continued. Updated plans were submitted, along with two different draft covenants proposed. Krohn clarified that these are private rights or restrictions, which can neither supersede nor be enforced under public law. Of primary concern and discussion was access, with the preferred approach remaining access for all lots off of Beartown Road. As noted before, this would need to be upgraded anyway for even the one new lot, and then the proposed new road would not have to be built at all. Maintenance could remain the responsibility of the homeowners, and there would be more of them to help share the cost as compared with existing conditions. The road would remain a Class 4 road, since it cannot meet Town specifications; and even if it could, there is no requirement that the Selectboard reclassify it, nor to maintain an existing or upgraded Class 4 highway. The matter will be revisited at the Selectboard meeting on December 8; Krohn will be present to help explain the matter and help work toward closure. The applicant understands the DRB’s thoughts, but would prefer to gain approval for the plan as proposed, and then consider amendments later.

The new plans and all of the other applicable performance standards were reviewed; a letter from the Fire Department must still be obtained (but the specifics could change with the revised access plan). For now, fire protection includes a 17,000 gallon water tank, fed by a separate well; schedule 80 PVC pipe, and a double headed Storz fitting for hose hookup which would be accessed off of both Beartown Road and Three Maple Drive.

Buffers and cutting restrictions therein were clarified: 50' deep along Beartown, Three Maple, and the northerly boundary, and 100' deep on the westerly side. All trees larger than 4" DBH will be retained within the 50' buffers, with understory brush clearing allowed; the 100' westerly buffer will be retained in a "natural state", with no cutting; all with the understanding that diseased, dying, or hazardous trees may still be removed. The ‘conservation area’ as modified was discussed; this may be logged if in conformance with a forest management plan prepared by a qualified arborist or forester. Building envelopes as shown are not just informational, and are the intended areas where buildings should be placed. As in prior cases, these can be included as part of any approval, with minor modifications approvable by the Zoning Administrator upon showing of good cause, and consistency of intent with the project and any other concerns or conditions. Under ‘alternative energy, it was suggested that the covenants should not prevent solar hot water or photovoltaic panels from being installed on roofs. Applicant did not believe that tighter clustering of homes would be consistent with the neighborhood, and stated that the proposed access road minimized cut and fill, and follows an existing logging road.

With no other questions or issues, motion Benoit to recess to December 16, in order to allow the Selectboard to settle the Beartown Road question at its meeting on December 8; the DRB can then take that information and probably close the hearing on the 16th. Seconded by Griffin and approved 6-1, Deyo opposed.

Aubuchon access road, revisited:

Engineer Ellis Speath described what he believed to be sufficient improvements to the access road as it exists in its unimproved state: a stop sign and stop bar at the Aubuchon driveway, and centerline striping in the first portion of the access road, all to clarify motorist travel.

The DRB maintains that some form of more significant improvement to the access road is needed, especially to improve the existing problem of propane trucks either backing in off the highway, or backing out onto the highway, at this location; this primary concern has been discussed throughout the Aubuchon proceedings. In response, Speath offered a new redevelopment concept plan on the adjoining Ellis/Manchester Power House property; this plan included improvements in internal roadway alignment and right of way, along with a designated area that the propane trucks could use to perform three point turns within the property so they could enter and exit this location with normal and proper, forward moving driving techniques. Speath stated this plan was not just a concept plan, but was based on actual fieldwork, representing actual truck turning needs; and that Dorr (owner of the propane facility) was "OK" with this approach although he could not guarantee that any truck drivers would actually use it.

Speath’s concept plan also suggests or requires rezoning of this property (and for logic, the adjoining Aubuchon lot) from the present split configuration of C-2/I-2 to full Commercial - 2 zoning. This, of course, is a question for the Planning Commission. The DRB does not oppose this concept, but will not suggest that the PC be approached until Speath brings in the other interested parties served by this road to determine their satisfaction with this roadway realignment. Given all of the prior circumstances involved, the DRB believes it must have first-hand, in person dialogue with these other affected parties before making any recommendations or decisions.

The DRB also reiterated its long-discussed primary concern for the safety of ingress and egress to Taconic Business Park Road, with special emphasis on the propane truck issue. Speath did offer and agree that the Aubuchon roadway issue was still "open", and that it remained Aubuchon’s responsibility to resolve in a satisfactory manner. It was agreed to bring this back on Dec. 16, to help keep this long running matter moving toward a satisfactory resolution.

Upcoming schedule, and other informational items were discussed.

With no other business, the meeting adjourned at 9:35 P.M.