TOWN OF BOLTON
DEVELOPMENT REVIEW BOARD
NOTICE OF DECISION
This matter came before the Development Review Board (DRB) on the application of Patrick Smith (Landowner and Applicant) for final plat approval for an eight (8) lot subdivision located on Mountain View Drive, prepared by JH Stuart Associates of Essex VT dated August 2001, revised February 2002 and March 2002. Proposal includes division of two hundred and sixty (260) acres into seven (7) lots averaging twelve (12) acres or greater in size, and one (1) lot of approximately one hundred and sixty (160) acres, Tax Map parcel #8-904049 (AR-1 and R-2 Districts).
The DRB conducted a duly warned public hearing on February 20, 2001 to which Applicant Smith was present. Based upon the testimony provided at the public hearing and the documents submitted to the DRB (contained in the documents of file for this application), the DRB decides as follows:
The DRB unanimously approves the Applicant’s request for final plat approval for an eight (8) lot subdivision located on Mountain View Drive with the following conditions:
1. That the Town attorney must approve any legal documents.
2. That the Bylaws of Homeowners Association Inc. agreement must be signed and recorded.
3. That the Declaration of Shared Roadway Covenant must be signed and recorded.
4. That any amendments to legal documents must be reviewed and approved by the DRB.
5. That the subdivision Mylar will be recorded in compliance with the Town Clerk within ninety (90) days of subdivision approval.
6. That the Developer shall secure all State Environmental Board permits if required.
7. That any further subdivision of the land in question will be considered a re-subdivision and must be reviewed by the DRB.
8. That the Mountain View Drive road upgrade, proposed roads, pull-offs and turn-arounds must be approved by the Highway Foreman, as referenced in the 11/15/01 letter entered into record at the December 5, 2001 public hearing.
9. That all roads meet A-76 VT AOT standards (the DRB recognizes that the pre-existing road right of way on Mountain View Drive does not meet the standard, and waives the right of way standard for Mountain View Drive).
10. That existing roadside vegetation will be relocated or replaced as much as possible.
11. That the Fire Chief must approve the construction of the fire pond.
12. That power is supplied in compliance with Green Mountain Power specifications.
13. That all lots will be surveyed and corner markers installed prior to construction of any residential units.
14. That permits for buildings and sewage are required for each lot at the time of proposed construction.
15. That the developer and project engineer will be held responsible for adherence to individual lot site development.
16. That no permits will be issued until proper access is complete.
Approved by the DRB on March 20, 2002, and issued on _______________ , 2002
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Michael Rainville, Chair DRB
Members present and voting in favor: Susan Vita, Rob Heimbuch, and Michael Rainville.
Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Mike Rainville, Chair, and Susan Vita
Development Review Board members absent: Ken Richardson
Zoning Administrator: Dick Ward
Clerk: Amy Grover
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1. Minutes February 20, 2002
2. Patrick Smith subdivision application deliberation continuance.
3. Any other business or communications.
4. Adjournment.
Mike Rainville called the meeting to order at 7:10 p.m.
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Rob Heimbuch made a motion to accept the February 20, 2002 minutes. Susan Vita seconded the motion. All were in favor.
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Rob Heimbuch made a motion to continue the Patrick Smith subdivision deliberations. Susan Vita seconded the motion.
Results of the deliberative session; Rob Heimbuch made a motion to approve the plan for an eight (8) lot subdivision on Mountain View Drive submitted by Patrick Smith prepared by JH Stuart Associates of Essex VT dated August 2001, revised February 2002 and March 2002 with conditions. Mike Rainville seconded the motion. All were in favor.
The conditions are as follows;
1. That the Town attorney must approve any legal documents.
2. That the Bylaws of Homeowners Association Inc. agreement must be signed and recorded.
3. That the Declaration of Shared Roadway Covenant must be signed and recorded.
4. That any amendments to legal documents must be reviewed and approved by the DRB.
5. That the subdivision Mylar will be recorded in compliance with the Town Clerk within ninety (90) days of subdivision approval.
6. That the Developer shall secure all State Environmental Board permits if required.
7. That any further subdivision of the land in question will be considered a re-subdivision and must be reviewed by the DRB.
8. That the Mountain View Drive road upgrade, proposed roads, pull-offs and turn-arounds must be approved by the Highway Foreman, as referenced in the 11/15/01 letter entered into record at the December 5, 2001 public hearing.
9. That all roads meet A-76 VT AOT standards (the DRB recognizes that the pre-existing right of way on Mountain View Drive does not meet the standard, and waives the right of way standard for Mountain View Drive).
10. That existing roadside vegetation will be relocated or replaced as much as possible.
11. That the Fire Chief must approve the construction of the fire pond.
12. That power is supplied in compliance with Green Mountain Power specifications.
13. That all lots will be surveyed and corner markers installed prior to construction of any residential units.
14. That permits for buildings and sewage are required for each lot at the time of proposed construction.
15. That the developer and project engineer will be held responsible for adherence to individual lot site development.
16. That no permits will be issued until proper access is complete.
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None.
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The meeting was adjourned at 7:55 p.m.
Amy Grover
Clerk, Development Review Board
These minutes are unofficial until accepted.
These minutes were read and accepted by the Development Review Board on
_________________________ , 2002
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Michael Rainville, Chair DRB