09-28-2021 DRB Meeting
Town of Fairlee
Town Hall, Grange Room
75 Town Common Road
Fairlee, VT 05045
And by ZOOM videoconferencing and teleconferencing.
Tuesday, September 28, 2021
CALL TO ORDER: David Fracht, Chair, called the meeting to order at 7:00 PM.
PRESENT
- Development Review Board members: David Fracht, Chair; Bill Dunnack, Vice Chair; Nancy Anderson; Tim Danen; Peter Lange; Bob Wertheimer, alternate.
- Zoning Administrator: Chris Brimmer
- Board Clerk: Joanna Bligh (absent)
- Roll Call Attendance: Bob Werthheimer, alternate; Peter Lange, David Fracht, Chair; Nancy Anderson; Bill Dunnack; Tim Danen. A quorum was met.
Fracht stated that Wertheimer would not be needed as an alternate at tonight’s meeting because there was a full roster of members present.
- Visitors: Cathy McGrath, Miranda Clemson, Berne Traendly, Jeff Miller, Jeff Gautreau, Jonah Richard, Clint Bissell. Stacy Millicent, Smith Reed.
REVIEW OF MINUTES
MOTION #1: Tim Danen moved, and Nancy Anderson seconded the motion to approve the Minutes from July 27, 2021, as written.
Voice Vote: All were in favor, none opposed. The motion passed unanimously. The minutes were approved as submitted.
PUBLIC AND STAFF COMMENTS
Zoning Administrator’s Report
Brimmer reported on the Selectboard Public Hearing, September 27, 2021, which he stated did two things:
The Selectboard approved a 1-year moratorium on new construction around Lake Morey. Brimmer stated that this moratorium includes a list of tasks for the Selectboard to complete within that time frame to identify the nutrient levels in the lake that foster algae blooms and to find ways to mitigate the nutrient load.
Brimmer reported that some small changes were included in the Bylaw, which was approved by the Selectboard, and Brimmer will distribute the approved interim Bylaw to the DRB members. Brimmer noted that one change was in the cannabis language, which was altered to follow State law. Brimmer reported that private helipads were banned; however, it does not prohibit the use of med-evac helicopters’ landing sites. Brimmer noted that a new land area was defined predominantly located on the west side of Lake Morey named the Rural Resource Area. Brimmer stated that per State law, accessory dwellings are allowed, and the property owner is not required to live in the primary dwelling. Brimmer will provide the DRB members with copies.
Brimmer stated that his zoning office is busy writing permits, with 24 written in 9 months, and many commercial permits are being submitted.
PUBLIC COMMENTS
Cathy McGrath asked as a Selectboard representative and as a nonofficial interested party if can she make comments during the hearing and during the sketch plan discussions. Fracht stated that her input is welcomed, but noted that the two sketch plans are in discussion-phase only, which means that the sketch plans may be altered before their formal application process takes place.
Miranda Clemson noted that she will comment on the plans when they are presented, as well.
Fracht explained the process of public comment on the plans noting that the public will be sworn in before speaking. Fracht continued that after the public meeting and the sketch plans are discussed, the Board will ask all attendees to leave so that the Board can enter a nonpublic Deliberative Session.
Fracht opened the Public Hearing at 7:20 PM.
WARNED PUBLIC HEARING
The Town of Fairlee Development Review Board, David Fracht, Chair, convened a Warned Public Hearing on Tuesday, September 28, 2021, at 7:20 PM held in person in the Grange Room at the Town Hall and via ZOOM videoconferencing and teleconferencing to consider the following:
Application 21-CU-03
Fracht stated that this Hearing is to review Application 21-CU-03 (revisions and reconstruction of a nonconforming structure in the original footprint), Tax Parcel 023-20-5.2, Jeffrey and Linda Miller, 4202 Lake Morey Road, Fairlee, VT, applicants.
Persons wishing to appear and be heard may do so in person or be represented by an agent or attorney. Written comments regarding the application may be submitted to the Zoning Administrator in advance or in person at the Hearing. Participation in the Hearing is required by State statute to appeal a decision in this matter to the Environmental Court (24 VSA, Sections 4464(a)(1)(c) and 4471(a).
Swearing In
Fracht swore in Jeffrey Miller, applicant.
Fracht swore in the applicant’s representative, Jeffrey Gautreau (Gautreau Building and Renovations, Thetford, VT).
Application 21-CU-03 Site Plan Review, Tax Parcel 023-20-5.2, Jeffrey and Linda Miller, 4202 Lake Morey Road, Fairlee, VT
Miller stated that his family has owned this property for 48 years and, in the last 2 years, Miller has taken over the property ownership as a summer cottage and would like to reconstruct the building for year-round use. Miller described the sketch before the members stating the building is 40′ x 40′ with a porch. Miller described the septic system, which is a pump system and was installed in 1987. Miller explained that the replacement structure will fit into the original footprint and will be about 50 square feet smaller. Fracht asked about the height of the structure from the lowest point of the foundation. Miller replied, “31 feet.” Fracht noted that the regulations cite 35 feet as the height limit. Fracht asked the time frame for a tear-down and reconstruction.
The applicant’s representative, Gautreau, stated that the tear-down will take place this fall, and the foundation will be put up and remain over the winter because the modular home will be built over the winter and delivered in April 2022. Gautreau stated that the modular home company will contact the Town before transporting the sections via flatbed trailers. Gautreau described the building site as 8 feet below the road surface, and a temporary road/ramp will have to be built to get the crane and flatbed down to the site.
Discussion from Board members:
Danen asked about the dimension of the new vs. old building footprints and about the foundation and the possibility of retaining walls. Gautreau stated that it will be a walk-out basement with retaining walls. Danen asked if they have increased the size and number of bedrooms, and Gautreau stated, “No.” Brimmer noted that the Board will schedule a site visit to measure the foundation.
Lange asked if the edge of the building is actually on the property line. Gautreau replied that the sketch shows the neighbor’s building within the property setback, but was determined to be 16 feet, which was allowable. Lange asked about the height of an adjacent building. Gautreau stated that the existing building is no more than 20 feet high. Lange asked how the new building would change the view of the neighborhood structures. Miller noted that he has gone to neighbors’ properties and believes the structure would have no impact.
Fracht stated that the regulations have a 30-day appeal period, and no building should take place during that time. Brimmer noted that an appeal must be based on a substantive issue in the Bylaw.
Public Comments:
Swearing In
Fracht swore in Clint Bissell.
Bissell, abutter to Miller’s property, stated that two wells were drilled on the properties on the opposite side of Lake Morey Road. Bissell noted that because he does not know where the water line comes across the road to his property, he is concerned that excavation may affect these lines. Fracht asked if the property owner and the builder carry liability insurance. Danen asked the type of well, and Miller answered. “Artesian.” Fracht asked for the possibility of exchanging certificates of insurance with the neighbor. Fracht asked Werthheimer, alternate member, to respond as he is an insurance professional. Werthheimer stated that the better vehicle for this issue would be indemnification based on damage or a surety bond posted for damage remediation. Danen suggested that the excavator’s liability would cover such events. Gautreau stated that he has no problem signing something that says if they damage it, they fix it. Discussion continued. Danen noted that water lines are usually 5 feet deep. Fracht noted that the builder is willing to give the Bissell’s written assurance document. Brimmer stated that he would like the agreement filed with the application, and any failure to remediate damage would be a zoning violation with $200/day in fines. Bissell stated that he is in favor of the Miller’s construction project, but the waterlines are an issue.
Fracht asked for additional public input, and there was none.
Fracht declared that the Public Hearing closed at 7:43 PM.
PUBLIC HEARING CLOSED
NEW BUSINESS
Jonah Richard, 501 Main Street / Sketch Plan of Roof Line Issues
Richard discussed the revision related to the redevelopment of 501 Main Street. Richard presented this plan to the Select Board and the Planning Commission relating to the roof-line design and height limitations in the Bylaw. Richard stated that the shed-roof design maximizes the building space in the 40′ x 40′ [1600 square foot] footprint of the structure and allows three full floors and nine units (8 living spaces and 1 micro-retail unit). Richard provided a redesign of a relatively flat roof with a parapet on the roof perimeter. Richard provided sketches of comparative buildings in the area with the parapet design. Richard continued with a discussion of heat pumps for heating/cooling, which could be hidden on the roof. Richard requested the Board’s comments.
Board Discussion:
Fracht asked for roof heights.
Danen asked the number of apartments planned for the building. Richard stated eight apartments: three on both the second and third floors and on the first floor a handicapped-accessible studio, a micro-retail space, and live-work studio.
Fracht asked about parking spaces. Richard stated, with one per bedroom, then 12 spaces. Brimmer stated that Selectboard voted for new construction to have two parking spaces per unit.
Lange stated that it looks like a good solution.
Fracht read paragraph A in the Bylaw regarding Village and Interchange Areas:
“…buildings of at least two and one-half stories in the Colonial or Federalist styles or the shapes of those illustrated below….”
[The document illustrations were provided to the members onscreen.]
Fracht continued that the construction is limited to two and one-half stories. Brimmer responded that building of at least two stories; it does not say, “more than two stories.”
Brimmer noted that the parapet roofline is acceptable. Discussion continued. Fracht stated that as long as the roofline, solar panels, and parapet do not exceed the 35-foot limit, the plan meets the regulations. There was consensus among the members.
Danen stated that this was a good solution.
Fracht addressed Richard’s question about raising the roof higher than 35 feet. Brimmer stated that the criterion is that the applicant cannot have created the hardship to the variance request. Fracht directed Richard to the five variance criteria in the Bylaw.
Public Comments:
Clemson noted that as a Planning Board member, the intent of their decision was to prevent unsightly buildings from being part of the Fairlee Village makeup. Clemson continued that the Town really needs these apartments, and, as a private individual, she is lobbying for the Board to say, “Yes.”
Berne Traendly stated that as an abutter to this project and a Chapman project owner, Richard has the full support of the Chapman’s owners’ group for this project, which will provide work-force housing and a revitalization of downtown Fairlee.
McGrath, speaking on behalf of the Selectboard, stated that the Selectboard fully endorses this project.
Stacy Millicent, Appleseed, LLC, own the property across the street and endorsed this project, as well.
Smith Reed, Planning Board member, stated that this is an attractive proposal and is a significant improvement over the shed roof.
Fracht thanked Richard for his presentation and the attendees.
Berne Traendly / Chapman’s Place / Lot Line Adjustment
Traendly provided background noting that there is Town ownership of a section of land bordering the Chapman’s property. Traendly stated that the current lot line brings the setback close to the building renovations, and he proposed a lot line adjustment of the .5 acres.
Fracht asked if the Town/Selectboard was in agreement with this proposal. McGrath stated, “Yes.” Fracht noted that the lot line adjustment improves the setbacks. Fracht asked for members’ questions and comments.
Board Discussion: None.
Fracht thanked Traendly for his attendance.
Fracht thanked everyone and asked the members of the public to leave so the Board can enter Deliberative Session. The Board entered Deliberative Session at 8:10 PM.
DELIBERATIVE SESSION
The Board came out of Deliberative Session at 8:23 PM.
BOARD FINDINGS and DECISION
MOTION: Tim Danen moved, and Bill Dunnack seconded the motion to approve Application 21-CU-03, Site Plan Review (revisions and reconstruction of a nonconforming structure in the original footprint), Tax Parcel 023-20-5.2, Jeffrey and Linda Miller, 4202 Lake Morey Road, Fairlee, VT with conditions.
Voice Vote: All in favor, none opposed. The motion passed unanimously.
ADJOURN
MOTION: Tim Danen moved, and Bill Dunnack seconded the motion to adjourn the meeting at 8:24 PM.
Voice Vote: All in favor, none opposed. The motion passed unanimously.
ATTEST: Joanna Bligh, Board Clerk