GENERAL MINUTES
Members Present: J.
Heyer, B. Murphy, J. Beers, C. Streets
Alternates Present: P. Rainville
Public Present: S.
Taylor, ZA
7:00 PM J. Heyer called the meeting to order.
B. Murphy submitted the site visit write-up for the Paige Estates project. The
stakes were not in at the time of the visit, so a new visit needs to be
scheduled and publicly warned.
The new site visit for Paige Estates (1286 Main St)
will be on April 15, 2009 at 7:00 PM.
The Paige Estates minutes from March 4, 2009 were reviewed. J.
Beers made a motion to approve the Paige Estates Minutes from March 4, 2009. P. Rainville second. B. Murphy, J. Beers and P. Rainville in
favor. Two projects were scheduled for
April 15, 2009: Horr at 7:30 PM; Bryce at 8:15 PM. The Mylar and paper map for
the Boundary Adjustment between Keefe and the Fairfax Recreation Park were
reviewed. C. Streets made a motion to accept the paper map and Mylar for the
Boundary Adjustment between Keefe and the Fairfax Recreation Park. J. Beers second. J. Heyer, B. Murphy, C. Streets and J. Beers
in favor. The Selectboard is
proposing a monthly Town Announcement to appear in the Fairfax News.
The DRB has been asked to
participate.
The Town Attorney and the
Selectboard have both asked the Zoning Administrator to file the revised
Workman/Handy Sewer and Water as-built easements Mylars, without DRB
approval. S. Taylor felt the process
for Mylar revisions as outlined in the Zoning Bylaws should have been followed,
however the revisions were minor and the actual sewer and water lines are
within the ROW. B. Murphy also felt the
Bylaws should be adhered to as written.
C. Streets was concerned that the decision of the Selectboard was made
without consulting with the DRB, and that the separation of responsibilities
should be respected. Both the Zoning
Administrator and the DRB will accept the Selectboard’s and the Town Attorney’s
opinion.
7:15 PM
1098 MAIN STREET, LLC (STEEPLE MARKET) – SITE PLAN & CONDITIONAL USE
8:30 PM The
General Minutes and the Peter Rainville minutes from March 4, 2009 were
reviewed with telephone input from S. Jones.
J. Beers made a motion to approve
the general minutes and the Peter Rainville minutes from March 4, 2009. B. Murphy, J. Beers and S. Jones (via
telephone), in favor. B. Murphy wanted to officially commend
C. Raymond for taking such
good care of the Board and for sending complete material packages.
8:35 PM J. Beers made a motion to enter deliberative session with S. Taylor
included. C. Streets second. All in favor.
9:00 PM C. Streets made a motion to exit deliberative. B. Murphy second. All in favor. J. Heyer
announced that the Board will hold a workshop to approve minutes and a deliberative session on March 25, 2009 at
7:30 PM. There will be no meeting on April 1, 2009. There is a hearing scheduled for April 8,
2009.
C. Streets made a motion to adjourn. J. Beers
second. All in favor.
Respectfully Submitted,
Cathy Raymond, Planning and
Zoning Assistant
Approved:
________________________________
Date: _________________2009
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.
1098 MAIN STREET, LLC
(STEEPLE MARKET) SITE PLAN & CONDITIONAL USE
DRB Roll Call: J. Heyer, B. Murphy, J. Beers, C.
Streets Alternate
Present: P. Rainville
Public Present: S. Taylor, Z.A.; R.
Devine; R. Horr; C. Trainer; L. Boucher; P. Menard; M. Wamsganz
7:15
PM J. Heyer called the meeting to
order. The public notice was read and attendees signed in. Interested parties
were sworn in. S. Taylor, Zoning
Administrator, made a statement to inform the Board that the hearing was warned
as a Site Plan review, however referencing the Flood Hazard Area Regulation
Ordinance in the warning, implied that the hearing would also include
Conditional Use review.
M. Wamsganz, Engineer, made the presentation. In discussion of the Site Plan it was noted
that the new building will be slightly larger than the old “Steeple Market” and
will include a deck with a service window for Ice Cream. There will be a few trees for screening on
the South side, and there is some existing shrubbery to the West of the parking
lot. The store will have a sprinkler
system for the basement. There will be
some downcast outdoor lighting. The
dumpsters will be in a different location behind the building, but they will
have screening. Inside the front of the
building there will be a public restroom. The steeple will be a smaller version
of the steeple that burned. The
building will be one story without apartments.
Conditional Use approval is needed due to a
portion of the property being in a flood zone. This is a complex issue. The original building was in the flood
plain, but was grandfathered. The new
Steeple Market can be removed from the flood plain, with FEMA’s approval, if
the ground level is elevated above 346 feet above sea level. If the Town issues a permit soon, granting approval
to fill above 346 feet above sea
level, and granting approval to start construction, then when they submit their
application for a FEMA permit, the elevated store will no longer be in the
flood zone. If the Town does not grant
a permit soon, then they will need to submit a two step application to FEMA,
which could take a lot longer. The
Fairfax Flood Hazard Area Regulation Ordinance was reviewed carefully and
various sections were discussed. The
applicant is willing to remove, at his cost, any work that is done, if the FEMA
approval is not received within a reasonable time frame. There was discussion
on several other issues including: water-proofing the basement to protect from
high ground water; grading; water run-off; parking; drainage; amendment to Act
250 Permit, erosion control and other related topics.
Randy Devine, Selectboard member as well as Water and Sewer
Foreman, spoke regarding the proposed sprinkler system and other issues. He signed a letter regarding the sprinkler
system, addressed to Civil Engineering Associates (the applicant’s Engineering
Firm), and submitted it into evidence.
He also discussed water flows. Bob Horr, representing the Selectboard,
said that he appreciated the clarification about the proposed elevation change. The Selectboard would re-evaluate the small
changes to the project, if requested, and re-submit an updated letter of
commitment regarding sewer and water allocations.
Justin
and Kimberly Brown, adjoiners, wrote a letter requesting interested person
status, and submitted three questions.
1) Installation of sound/visual
buffers? There will be sound barriers
and the stairway in the back is gone, which should help.
2) Steps and/or path for pedestrian traffic
from the back of the lot? The back of the
lot is very close to the wetlands.
Pedestrian
traffic from that direction will be
discouraged so no path is proposed.
3) Concealment and containment of dumpsters
and other waste receptacles at the back of the lot? The dumpsters will be further
away from the property line and there
will be some sort of stockade fence or other screening.
M. Wansganz, Engineer, asked the Board for a written decision as
soon as possible. They would like to
start adding fill, and hopefully start construction to expedite the permit
process with FEMA. J. Beers was
concerned about a vacant building if the FEMA permits are not issued right
away. The owner, P. Menard, is willing to take the risk and remove any construction
at his expense if the FEMA permit is denied. This is the first time the current
Board has dealt with a flood plain issue.
After all Permits have been received, the Board will need to review the
Permits. Possible conditions to be put
on the project were discussed.
C. Streets made a motion to close the
hearing to public input and move to deliberative. B. Murphy
second. All in favor.
Respectfully Submitted,
Cathy Raymond, Zoning and
Planning Assistant
Approved:
________________________________
Date: _________________2009
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.