GENERAL MINUTES

Members Present: J. Heyer, J. Beers, C. Rainville, M. Varney

Alternate Present: L. Hayes

Public Present: S. Taylor, ZA

7:00 PM J. Heyer called the meeting to order. The minutes from April 21, 2010 were reviewed. C. Rainville made a motion to approve the General Minutes from April 21, 2010. M. Varney second. All in favor.

J. Beers made a motion to approve the O&R Realty - Revision Minutes from April 21, 2010. M. Varney second. All in favor.

The paper map and Mylar for the Lovell project was reviewed. C. Rainville made a motion to accept the paper Map and Mylar for the Lovell project on Maple Hill Rd. J. Beers second. All in favor. J. Heyer signed the Mylar for the Board.

7:15 TICE/BYERS BOUNDARY ADJUSTMENT – 69 SWAMP RD/62 WILKINS RD

7:30 PM J. Beers made a motion to enter deliberative session with Skip Taylor. C. Rainville second. All in favor.

7:45 PM C. Rainville made a motion to exit deliberative session. J. Heyer second. All in favor.

7:45 O&R REALTY – RECONVENED REVISION TO DRAGON FLY VALLEY – 51 ROOD MILL

8:05 PM There was discussion on PUDs in general with the following topics:

Common land vs private property

Easements in Covenants and Deeds

Association ownership

8:20 PM. J. Beers made a motion to adjourn. M. Varney second. All in favor.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2010

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.

TYCE/BYERS ADMINISTRATIVE REVIEW OF BOUNDARY ADJUSTMENT

69 SWAMP ROAD/ 62 WILKINS ROAD

Members Present: J. Heyer, J. Beers, C. Rainville, M. Varney

Alternate Present: L. Hayes

Public Present: S. Taylor, Z.A; S. Tice; David Byers; Debra Byers

7:45 PM Introductions were made, the Public Notice was read, and attendees signed in. Interested parties were sworn in. S. Taylor, Zoning Administrator made the presentation. The boundary adjustment involves 3.97 acres from the Tice property to the Byers property. Even though the Byers property is irregular in shape, the new boundary line follows the natural features of the land, mostly along a swale. S. Tice said she wanted to preserve a shaded area for her horses, and that is why the lot has a different shape. The Byers are buying the land to protect their back yard from any future development. S. Taylor had written the Findings of Fact and Order, which will need to be recorded by the applicants. New Deeds will also need to be recorded. L. Hayes made a motion to accept the Zoning Administrator’s recommendation for the Boundary Adjustment. M. Varney second. All in favor. The signed Findings of Fact and Order was given to both S. Tice and to the Byers.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2010

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.

7:45 PM – RECONVENED - O&R REALTY – REVISION TO FINAL PLAT FOR DRAGON FLY

VALLEY - 51 ROOD MILL ROAD

Members Present: J. Heyer, J. Beers, C. Rainville, M. Varney

Public Present: S. Taylor, Z.A; L. Hayes; J. Kell; B. Fitzgerald; A. Soter; J. Soter; H. Snider

7:45 PM H. Snider from O’Leary-Burke Civil Associates, PLC made the presentation. He pointed out a section of the Covenants that states in part: “…this Declaration may be amended by the Declarant without the consent of any other Owner: (i) prior to the sale by the Declarant of 75 percent of the maximum number of Units …”. S. Taylor pointed out that the Revision of the Plat, is not part of the Covenants. Mr. Snider also submitted a blow-up of a section of the map that shows that the proposed new lot is S53, 52E from the retention pond, or half way between East and South. There are 314 feet between the two building lots (Lot 22 & lot 25).

B. Fitzgerald, Construction Manager for Mr. Bushey stated the Sotors bought the model home. He did have them sign the Addendum to the Purchase and Sales Agreement, and they were shown a plot plan before they purchased their home. He does not understand why they are objecting now.

A. Soter had submitted a letter with all her reasons for objecting to the location of the new lot including the following points:

* The new lot is east of the retention pond, not south as stated in the Amendment of the Purchase and Sales Agreement.

* The new lot is planned to be on the only nice piece of common land accessible by sidewalks. It can be used for recreation

purposes such as block parties.

* The common land they will be swapping is not usable as it has many trees and steep slopes. She also stated that she thought the

new home would be in a different area, and the proposed location would detract from a “high end” neighborhood.

After more discussion, J. Beers made a motion to close the hearing to public input and move to deliberative. C. Rainville second. All in favor.

EXHIBITS SUBMITTED AT HEARING:

* Addendum to Purchase and Sales Agreement between O&R Realty LLC and Amber C. Soter, dated 12/27/09.

* Letter from Jason and Amber Soter regarding revision to Dragon Fly Valley, dated May 1, 2010.

* Warranty Deed dated 01/27/2010.

* 2 sheets of photographs of property submitted by H. Snider of O’Leary-Burke Civil Associates.

* Amended Declaration of Covenants, Easements and Restrictions (29 pages) dated 01/27/2010.

* Blown-up section of map showing specific details of angles and setbacks.

* Case study from Supreme Court of Vermont, dated 11/08/1985, submitted by A. Soter.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2010

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.