FAIRFAX DEVELOPMEMNT REVIEW BOARD       Wednesday, April 20, 2011


Members present: J. Heyer, C. Rainville, B. Murphy, J. Beers

Alternate present: P. Rainville

Public present: S. Taylor, ZA, M. Audette, D. Ritter, D. Palmer, B. Palmer, L. Monahan, W. Monahan



(Re-convened from April 6, 2011) AUDETTE ADMINISTRATIVE REVIEW of a 2-Lot Subdivision on Cherrierville Rd (CV0003)


8:10PM: The public notice was read, introductions made, and all parties were sworn in. S. Taylor addressed issues pertaining to the zoning requirements and specific issues that were discussed in the previous hearing.              -- The set-back for the proposed building envelope on Lot 3A has been moved back to 60 feet from both                           Cherrierville Rd. and Cedar Rd.

            -- The utility line shown on the sketch plan presented at the hearing on April 6, 2011, from the                                                    vault on Lot 3A to the vault on Lot 4, was relocated to follow Cedar Rd.

            -- The project engineer (David Tudhope) found a utility easement deed from Wanda and Leslie Palmer                                 to VEC that identified the underground easement across Mr. Audette’s property to the vault on the                           proposed Lot 3A. Skip explained that the density calculations were redone after including the new                               easement information, identifying .77 acres of undevelopable land, leaving 4.4 acres of developable                         land in  Mr.Audette’s original lot.

            -- The ditch on the property appears to be for seasonal drainage.

            -- The signature and seal of the surveyor, with the addition of a disclaimer will fulfill the Development                        Regulations’ requirement while assuring that the map has not been approved by the Board.


There were no additional questions from the Board.


Open to Public Input  (copy in italics are answers to direct questions)


            Lisa Monahan (Lot 4) questioned the location of the utility easement across her mound system. (This was  identified as having been moved alongside Cedar Rd). Is Cedar Rd. classified as a driveway? (Yes, by 2004 Bylaw standards).


            Dale Ritter (Lot 6) presented photographs he took of the water run-off on Lot 3A, admittedly taken on a day of heavy rainfall. Also presented were copies of State Zoning regulations regarding the prohibition of exclusionary zoning practices; photocopied pages from the Fairfax Development Regulations (approved February 14, 2011) of Article 2, Section 2.3 (Access by right-of-way), Article 4,  Section 4.5 (Subdivision Standards), and Article 7 (Planning and Design Standards), Section 7.7 (Site Preservation and Erosion Control).  Skip explained that permitting for storm water run-off is regulated by the State, not the local municipality, and is based on the amount of impervious surface (roof tops and driveways).  This project engineer has apparently determined that this project has not met that threshold.  Mr. Ritter stated that the drainage issues affect the value of his home.


            W. Monahan commented on the location of culverts and water collecting on Lots 3 and 4.


            B. Palmer asked about the well-head protection area that extends onto his property from Lot 3A.  Skip explained that the State has jurisdiction here and that no leach field can be constructed within a well-head







 protection area.  Mr. Palmer asked Mr.Audette if he would be willing to relocate the well head on Lot 3A.  Mr Audette agreed to do that if it was possible.


            D. Palmer expressed appreciation that the question of the location of power easements had been cleared up.


Skip explained that he had added four additional exhibits to the Findings of Fact and Order, including Mr. Ritter’s photographs and photocopies.  There were no changes to the Conditions.


9:15 PM:  B. Murphy moved to approve the recommendation of the Zoning Administrator to approve Mark Audette’s 2-lot Subdivision on Cherrierville Rd; C. Rainville 2nd.  All in favor.  J. Heyer signed the Findings of Fact and Order for the Board.


Respectfully submitted,

Martha Varney, Zoning and Planning Assistant



Approved: _________________________________________  Date: ________________, 2011

                           For the Development Review Board



These minutes are unofficial until approved at the next regularly scheduled meeting.  All motions were unanimously approved unless otherwise indicated.