Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Chair, Greg Swan, Susan Vita
Development Review Board members absent: Mike Rainville, Ken Richardson
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also present: Calvin Blow, Jeremy Blow, Jim and Nancy Tiffany, Bruce Pion
1. Blow Subdivision
2. Tiffany/Morrissey Sketch Plan
3. Minutes July 22, 2003
4. Other business or communications
5. Adjournment
Rob Heimbuch called the hearing to order at 7:00 p.m.
Calvin Blow and Jeremy Blow appeared on behalf of the application.
Rob Heimbuch asked for information regarding the subdivision.
Susan Vita asked why there was a discrepancy in the acreage amounts of the two lots between what was on the map and what appeared in the warning notice. Calvin Blow stated that 23.2 and 13.3 acre lots that were warned were correct, that there was an error on the map. Mr. Blow added that he wanted to create a 13.3-acre lot for his son, Jeremy, to put a doublewide mobile home on.
Greg Swan asked if the existing outer boundary would remain the same, with a simple dividing line to create the two lots. Calvin Blow replied yes.
Susan Vita asked if the new lot would have it’s own water, septic, and driveway. Mr. Blow stated that the two lots would share a driveway and the existing well, and the second lot would have its own septic. Greg Swan asked why the second lot would not have its own well. Mr. Blow replied because of the distance needed for the septic, and indicated the area on the map to the Board. Mr. Blow added that there was also a right of way for VELCO’s transmission lines, but that the placement of the mobile home would be outside of that right of way. Rob Heimbuch asked if Mr. Blow had purchased the property with VELCO’s right of way already there. Mr. Blow replied yes, 12 or 13 years ago. Dick Ward stated that the right of way was there to allow access to the transmission lines, not to a structure.
Susan Vita asked if the driveway was large enough for rescue vehicle access. Dick Ward stated yes.
Susan Vita asked where the property started to rise. Calvin Blow indicated the area on the map to the Board.
Greg Swan asked if there were streams or wetlands that the Board should be aware of. Calvin Blow stated no.
Rob Heimbuch asked if Mr. Blow hoped to complete the project this year. Mr. Blow stated yes.
Dick Ward reviewed the process of filing a Mylar with the Town Clerk with the Blows, noting that pending approval by the Board, the Mylar must be filed within 90 days, or approval would be void. Dick added that there was a need for Mr. Blow to convey a minimum of a 25’ right of way from the well to lot #2, and to convey a suggested minimum right of way of 50’ from lot #1 to lot #2 for access to lot #2 across the land and/or shared driveway.
Rob Heimbuch asked if there were any further questions or issues for discussion. There were none.
Greg Swan made a motion to approve the Blows application for a minor subdivision creating two lots, 23.2 and 13.3 acres, with the following conditions;
1. That the subdivision Mylar be recorded in compliance with the Town Clerk’s requirements within ninety (90) days of subdivision approval.
2. That a minimum twenty-five (25) foot right of way be conveyed from the well on lot #1 to lot #2.
3. That a right of way, suggested fifty (50) feet, be conveyed from lot #1 to lot #2 for access to lot #2 across the land and/or shared driveway.
Susan Vita seconded the motion. All were in favor.
The hearing adjourned at 7:12 p.m.
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Agenda Item # 2 – Tiffany/Morrissey Sketch Plan
James and Nancy Tiffany and Bruce Pion, project engineer of Navigator Environmental Services (formally Wheeler Engineering) appeared on behalf of the sketch plan for an 8 lot subdivision on Stone Hill Road. Dick Ward noted that the sketch plan is an informal session to voice the issues.
Rob Heimbuch asked for information regarding the sketch plan.
James Tiffany stated that he had owned the land for 13 years, reviewed the history of the land, and submitted his written history of the land for the record. (Mr. Tiffany’s written history of the land is on file with these minutes at the Town Clerk’s Office.)
Mr. Tiffany stated that the parcel was the 4th largest in Bolton, 400+ acres, that much information had been gathered over the years, and that lots #1 and #2 were recorded prior to subdivision regulations.
In reviewing the history, Dick Ward asked why Misters Tiffany and Morrissey had circumvented the Town on 2/2/200 by securing a land use permit for 8 lots from the State. Mr. Tiffany answered that they had not, they had done design work and tests, but did not submit all those designs for State approval and recording at the time, rather only for lot #1, where he now lives, and lot #2. Mr. Tiffany stated that the permit went more than 2 years, so had lapsed. Mr. Tiffany noted that the date of all of the design work was done in 1992, and that all the system designs were conventional systems.
Dick Ward noted that the most recent subdivision was on 12/18/02, when 406 acres were sold to VT Land Trust, and 24.8 acres retained. Dick added that at that 12/18/02 hearing Mr. Morrissey stated that he would return to the Board at a later date seeking approval for a further subdivision of the 24.8 acres, and that this was what was currently in front of the Board as a sketch plan.
Dick Ward noted that the history which Mr. Tiffany had provided to the Board provided good information, but that there were no land records prior to the date of Bolton adopting permanent subdivision regulations which could be proved, except for the division of lots #1 and #2. Dick noted that Mr. Tiffany is the developer of lot #1, and most recently, Jim Morrissey is the developer of lot #2. Dick added that this proposed subdivision is adding lots #3 through #8.
Mr. Tiffany stated that there are six new lots, since lots #1 and #2 already exist, and that he is fully utilizing the retained parcel. Mr. Tiffany added that lots #3, 4, and 5 are not approved, but they have the survey and engineering work in hand, and that it had been presented over the years, adding that 13 years ago he had proposed an 8 lot subdivision to Michael Lawrence Associates in Burlington. Rob Heimbuch asked if the 8 lots had been approved. Mr. Tiffany replied no, it was conceptual to start discussion on the whole parcel.
Bruce Dion stated that the property lines were modified to follow the centerline of the road to simplify things, with lines 780’ from the centerline of the road. Mr. Dion pointed out the proposed lines on the map for the Board, and discussed how and why lot lines were moved to the centerline of the road. Susan Vita asked if a boundary adjustment was needed. Dick Ward replied no, not unless the project was approved. Greg Swan asked if Stone Hill Road exists. Mr. Tiffany stated that the road exists to his house, and up to the access of lot #2. He added that it had been a log road for years.
Rob Heimbuch stated that the property is in two zoning districts, Agriculture and Rural I and Rural II, noting that the minimum lot size in AG & R I is 2 acres, and R II is 6 acres. Dick Ward stated that was an issue, and directed the Board to the 1989 Mylar zoning map of Bolton. Dick noted that the only definition he could find to show the zoning district boundary line was the entry on the map that states 2.1 miles from Notch Road to Stage Road. Mr. Tiffany stated that he had driven the road 2.1 miles and found himself 53 feet from his corner pin. Dick Ward noted that the 2.1 miles needed to be more professionally defined than by individuals driving it in their respective vehicles. Mr. Tiffany stated he would be happy to rent a wheel and walk the centerline of the road with a representative from the Town. Mr. Pion noted that he had utilized GSI, GPS and USGS data, overlaying the data onto the survey to try to determine the zoning district boundary lines.
Dick Ward stated that the zoning district boundary lines are imposed on the tax maps, and that the boundary line goes through Jim Tiffany’s lot. Mr. Tiffany stated the line goes through his garage. Dick stated that the rest of the land in question appears to be in the Rural II district. Dick noted that any ruling by a ZA has been based on the zoning map. Dick added that the boundary lines may need to be adjusted, i.e. the boundary line going through Mr. Tiffany’s garage is “wrong” from several standpoints, and that the Town is in the process of reviewing the zoning district boundaries with the hiring of Burnt Rock as consultants for the municipal planning grant. Dick stated that the DRB has no right to make a zoning district boundary line adjustment. Dick added that Mr. Tiffany could go to the Planning Commission, and after their review, if approved, they would have the right to move the zoning district line 30’ in either direction, which would move the line out of Mr. Tiffany’s garage, but that the remainder of the land would still be in the Rural II District.
Jim Tiffany submitted for the record a history of the zoning issues. (Mr. Tiffany’s history of the zoning issues is on file with these minutes at the Town Clerk’s Office.) Mr. Tiffany noted that he had spoken with several people at CCRPC, and stated that the zoning district boundaries were difficult to conclude, and not field tested. Mr. Tiffany stated he would like the Board to consider all the information he submitted in their comments and thoughts.
Dick Ward stated that his official ruling on the issue as Zoning Administrator was that lot #1 predated the subdivision regulations, qualifying under State Statures, “The Act”, as it states that any preexisting lot that has 40’ of frontage and 1/8 of an acre may be developed provided it meets all the other criteria. Dick stated that the ZA at the time, René Reed, was in his right to issue Jim Tiffany a building permit to construct on his 4.2 acre lot, even though the existing zoning regulations would indicate by the boundary line that this was 6 acre zoning. Dick stated that this was the same with lot #2, and that he had recently ruled that lot #2 predated the bylaws and issued a building permit to Jim Morrissey. The remaining 20+ acres, which include lots # 3,4,5, 6, and part of 7 appear to be in the Rural II District, with a 6 acre minimum lot size. Dick stated that therefore it is up to the applicant to decide if he would like to request a variance from the DRB to go from the minimum lot size of 6 acres to the varying lot sizes seen on the map, all less than 6 acres. Dick added that only at that time does Mr. Tiffany have the right to submit evidence, such as he is submitting right now. Then the Board must determine whether the evidence justifies a variance. If after the review of all of Mr. Tiffany’s evidence and testimony provided by witnesses against the five variance criteria, the DRB grants a variance, the next step is a preliminary hearing for a major subdivision. Dick stated that Mr. Tiffany’s other option was to come back to the Board with 6-acre lots in his proposed subdivision.
Mr. Tiffany stated that he felt that the tax maps are not the official zoning map, and that earlier surveys corrected errors, again stating that the 2.1 miles came to within 53’ of his corner pin, which might imply that the boundary line is error. Dick Ward stated that he had to rule on the zoning map, and that it is up to the applicant to make the argument that the map is in error. Dick added that he even would agree to a point that zoning district boundary lines should follow property lines, but that even if everything that Mr. Tiffany had stated and submitted was true, it still didn’t put all of his 24 acres within the AG- RI District, with a 2 acre lot minimum. Greg Swan added it would be the difference between 3 vs. 5 lots that did not meet the lot size minimum if indeed the zoning district boundary was further down, and Mr. Tiffany still would require a variance. Dick stated that the degree of variance would also be an issue – whether a variance was being requested for a lot less than 2 acres within in 2 acre zoning, or 6-acre zoning.
Greg Swan noted that the subdivision of the 406 acres had created the back lot line, causing what he termed a “rotten spot.” Dick Ward noted that the DRB had not done a thing to create the area, but had only approved the appellant’s application for a subdivision.
Mr. Tiffany stated that he saw this as an opportunity for the Town to look at this issue. He added that the only way he could prevail was to pay for the surveyed all the frontages along Stage Road which would an extremely costly and time consuming endeavor.
Mr. Tiffany asked what made more sense, to hire a surveyor, or to look at the parcel and what he is proposing, the character of the area, the use of the area, and the feasibility of granting a variance for this proposed subdivision. Mr. Tiffany added that the economics of the sale to the VT Land Trust was based on this subdivision plan, that he wanted to come to an amicable solution, that this is what he proposed 13 years ago, that he wanted to move forward with it, and if it needs a variance then he would apply for that variance.
Dick Ward suggested that Mr. Tiffany and his engineer work with a planner at a regional level to render an outside opinion, and return to the DRB with a finding regarding the zoning district boundary line. Mr. Tiffany stated that he would like to work with regional planning to find the 2.1 mile mark, where it came from, and to support the best available data, as he would not be the last person coming before the Board to find what he could do on a 2 acre lot. Mr. Tiffany stated he felt his plan went above and beyond what was needed, aesthetically and land use wise, for what he was told the zoning district was years ago. Mr. Tiffany stated he had submitted the plan, that no ZA had ever questioned the 2-acre zone, and that the data seemed to change.
Dick Ward stated that the DRB, before rendering a decision, had to have all evidence in review, and to feel very confident in their decision, if it is challenged by the appellant, an irate citizen or neighbor. Dick added that if the issue heads to the environmental court, it will need to be proved.
Rob Heimbuch stated that if it is Mr. Tiffany’s contention that this is the real zoning boundary (showing line on map), having that zoning boundary go through a proposed lot did not make a lot of sense, that Mr. Tiffany might want to look at reconfiguring the lots, that the zoning district boundary line should also be the lot line, or Mr. Tiffany would be creating the same situation with new lots. Rob added that lots of one size, 2 acre, are needed on one side of the zoning boundary, and lots of another size, 6 acres, on the other.
Dick Ward asked if Mr. Tiffany agreed to using Bruce and a CCRPC staff person and continually forwarding the data to the DRB and himself for review, versus holding the data to distribute during one evening as he had this evening. Dick noted that there would be too much information dumped on the DRB in one evening for them to throughoughly review, and that he would like the information in writing from CCRPC. Mr. Tiffany stated that he was willing to work with regional planning and Bruce to find the best available data and get it to the DRB as soon as they could, and clarify whether he would be applying for a variance, what the variance would be for, or resubmitting a new plan. Dick reviewed the time frame needed to warn a public hearing with Mr. Tiffany, and restated the zoning district boundary issues, and lot sizes needed.
Dick Ward stated the DRB did not need to take any action that the direction was clear, and that Mr. Tiffany or his engineer could get in touch with him at anytime. Susan Vita stated that she would like to make a site visit when the district boundary line issue was resolved. Mr. Tiffany noted that the DRB was welcome to come visit Stone Hill Road at any time, it was a beautiful location, that they were building some stone walls, and working on his lot. Mr. Tiffany stated they were trying to do the right thing with the building envelopes. Mr. Tiffany noted there was a wetland area, that Kathy O’Brian from Wetlands Area had visited, the wetland was not mapped, or significant.
Susan Vita asked Mr. Tiffany what price range he hoped to sell lots for. Mr. Tiffany stated that lots in Chittenden County were currently selling in the 75K – 130K range, and that he would consider selling the lots with a design review consideration.
Susan Vita asked what the road was like. Mr. Tiffany stated that it had been built to AOT Standards, that it was private, with 50’ right of way, and would be maintained by the association.
Rob Heimbuch asked Mr. Tiffany if he understood what the needed next steps were. Mr. Tiffany replied yes, and that he would return the best available data to the Board, thanked them for their time, and invited them to visit the site at anytime.
Agenda Item #3 – Minutes July 22, 2003
Susan Vita made a motion to accept the minutes of July 22, 2003.
Rob Heimbuch seconded the motion.
All were in favor.
Agenda Item #3 – Other business or communications
Dick Ward noted that there would possibly be a variance request from Jan Peterson in September.
Agenda Item #4 – Adjournment
Susan Vita made a motion to adjourn.
Greg Swan seconded the motion.
All were in favor.
The meeting was adjourned at 8:45 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
________________________ , 2003
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Rob Heimbuch, Chair