FAIRFAX DEVELOPMENT REVIEW BOARD                  Wednesday, October 3, 2012


(Reconvened from September 5, 2012) – Jason and Elizabeth Minor Planned Unit Development PUD) with associated Conditional  Use and Site Plan Review on the north side of 117 Highbridge Rd. (104A)


Members Present: J. Heyer, B. Murphy, M. Casey, M. Dufresne

Alternate Present: P. Rainville

Applicants Present: Jason and Elizabeth Minor

Public Present: Skip Taylor, ZA


8:50 PM- J. Heyer re-opened the hearing.


(Skip Taylor told the Board that he had received, since the prior hearing, a traffic impact study, a new site plan, and a chart showing the multiple use sample schedule and associated permits)


            Jason brought in an engineer’s site plan showing setbacks, lighting and signage.  The barn’s orientation on the Plan was incorrect.  Mr. Minor explained that the barn needed to be rotated counter-clockwise roughly 45 degrees for the correct position.  

            There was discussion regarding the traffic study and if all proposed future uses were being included. M. Casey asked if both sides of the road were included in the study and which proposed uses.  Mr. Minor said that only the inn (north) side of the road was included but his engineer doubled the single-use capacity for the wedding barn for their calculations (the wedding barn represents the largest amount of traffic for any single use).  Ms. Casey expressed concern that all proposed uses were not included in the traffic study. She asked if the Act 250 application matched all proposed uses.  Mr.  Minor explained that he was following the advice of Geoff Green, State ACT 250 permit specialist, to get permits for each of the separate uses.  Ms. Casey said there is a problem with regulating permits that could be issued possibly years apart.

            B. Murphy noted that an agricultural permit is the only permit not needed for the wedding barn.

            M. Dufresne noted that new State permits will be required when the planned kitchen is built in the barn and when the micro-brewery is included.  She asked Mr. Minor if the State Division of Fire Safety was granting the same variance for a sprinkler system that had been granted at the previously-approved project on the south side of the road.  Mr. Minor showed a copy of the construction permit issued by the Division of Fire Safety with an attached note that states the approval is the same.  He will provide a copy of the original letter to the Board.  Mr. Minor told the board that permits from VTrans and Act250 amendments have not been received yet.  He expects Act250 by October 30.

            There was discussion regarding the extension to the parking area to handle overflow, the number of parking spaces, impervious surfaces, the slope of the area, and the amount of space around the barn for a fire truck, if needed.  The Minors will need a new wastewater permit for the barn.  It is being designed to accommodate all future proposed uses.  Currently the inn has its own system.  The future restaurant in the inn will use the new system.

            There was further discussion on how to track permits issued by the State, especially when State permitting rules frequently change.  There is concern that a future owner of the property may not get permits modified for additional uses.  The Board discussed that it could add to the Conditions of approval: “ …that all applicable State permits must be delivered to the Zoning office before that use commences.”  The Town has no authority regarding enforcement of State permits but will issue a Certificate of Occupancy only after applicable State permits are provided.

            Mr. Minor asked that Jay Shedd not be recognized as an ‘interested party’ by the DRB.  The Board noted that on the previous sign-in sheet (for September 5, 2012) Mr. Shedd had not checked the box identifying himself as an ‘interested person.’  The Board discussed the definition of “in the neighborhood” and noted that Mr. Shedd had not attended the re-convened hearing.  He had not identified concerns nor had he participated in the initial hearing.

            There was no further discussion.


8:45 PM- M. Dufresne moved to close the hearing; B. Murphy 2nd.  All in favor.


Respectfully submitted,

Martha Varney, Zoning and Planning Assistant


Signed: ______________________________________ Date: _________________

                        For the Development Review Board


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