Town of Bolton
3045 Theodore Roosevelt Highway
Bolton VT 05676
802-434-5075
Development Review Board members present: Rob Heimbuch, Chair, Mike Rainville, Ken Richardson, Greg Swan, Susan Vita
Development Review Board members absent: None
Zoning Administrator: Dick Ward
Clerk: Amy Grover
Also present: Gene Ann Condon, representing Jan and Lawrence Peterson, Mike Bedard, Deb LaRiviere, agent, Town of Bolton, Tina Atwood, Kathleen DeNutte, David Spitz, representing Jim Tiffany, Jim Tiffany, Dan Morrissey, Louis Murray, Timothy Hansen
1. Town of Bolton -Variance request
2. Jim Tiffany and Daniel Morrissey – preliminary major subdivision approval
3. Mike and Lori Bedard – Variance request
4. Minutes October 15, 2003
5. Other business or communications
6. Adjournment
Rob Heimbuch called the hearing to order at 7:00 p.m. and swore in all that would be giving testimony. Rob stated that he was changing the agenda order, that Mr. Bedard’s variance request would precede Misters Tiffany and Morrissey’s preliminary subdivision approval request.
This hearing was convened to consider the appeal of the Town of Bolton, Deb LaRiviere, agent, 3045 Theodore Roosevelt Highway seeking a variance from Section 8, Non-complying structures, extensions, of the Bolton Zoning Regulations. Request is for permission to construct a 10’ x 10’ mudroom entry with a handicapped ramp to within twenty (20) feet of the required front yard, located at the Town Offices, 3045 Theodore Roosevelt Highway.
Deb LaRiviere, agent, appeared on behalf of the application.
Rob Heimbuch asked for information regarding the proposed addition.
Deb LaRiviere stated that the Town would like to add a mudroom entryway with a handicap ramp to the existing Town Offices, and that the frontyard setback could not be met. Deb added that this would provide the small office with a more convenient access, and would also provide a small area for storage for items like snow shovels and salt for the walkway, which are currently housed in the office.
Dick Ward noted that the required frontyard setback in the Village I District is thirty five (35) feet, that the existing frontyard setback is thirty (30) feet, and that a twenty (20) foot setback is proposed, requiring a fifteen (15) foot waiver. Dick added that the building was constructed in the 1970’s as a chamber of commerce type building for Bolton Valley Resort. He added that the Town purchased it in a tax sale, and was not responsible for where the building was constructed. Dick added that the lot is very irregularly shaped, that fire station is on the same lot, and is even closer to Route 2.
Susan Vita asked why the addition could not be built on the side of the building, where the parking area is located. Deb stated that the two vaults are located on that side of the building, and that there is no other place to put the vaults.
Ken Richardson asked if storage space was an issue, why not extend the addition the full length of the building. Dick Ward answered that then blocking the windows would be an issue, and the proposed addition will not block the windows.
Rob Heimbuch asked if there were any other questions or issues. There were none. Rob called for a motion.
Greg Swan made a motion to approve the request of the Town of Bolton, Deb LaRiviere, agent, 3045 Theodore Roosevelt Highway for a variance from Section 8, Non-complying structures, extensions, of the Bolton Zoning Regulations to construct a 10’ x 10’ mudroom entry with a handicapped ramp to within twenty (20) feet of the required front yard, located at the Town Offices, 3045 Theodore Roosevelt Highway.
Ken Richardson seconded the motion.
All were in favor.
This hearing was convened to consider the appeal of Michael and Lori Bedard of 439 Bolton Valley Road seeking a variance from Section 3, sub-section D, Dimensional Requirements of the Bolton Zoning Regulations. Request is for a minor property line adjustment from the Peterson property resulting in the creation of a ten (10) foot side and rear yard setback.
Mike Bedard appeared on behalf of the application, Gene Ann Condon appeared on behalf of the abutters, Jan and Lawrence Peterson.
Rob Heimbuch asked for information regarding the variance request.
Mike Rainville asked if it was correct that the property line was being re-established. Mr. Bedard replied yes, that if the Board approved the variance, he and the Petersons could complete the paperwork. Susan Vita asked if Mr. Bedard and the Petersons had an agreement and needed the approval of the Board to finalize the agreement. Mr. Bedard said yes.
Gene Condon noted that both of the lots, the Bedards, and her clients, the Peterson’s, were non-conforming, and that they would also be making leach field easements.
Dick Ward noted that the only other option was for Mr. Bedard to remove the addition. Dick added that the Petersons planned to demolish the structure that was currently on their lot, which is non-conforming, and that this would create a conforming situation for both the Petersons and the Bedards.
Rob Heimbuch asked if there were any other questions or comments. There were none.
Rob called for a motion.
Ken Richardson made a motion to approve Michael and Lori Bedard’s request seeking a variance from Section 3, sub-section D, Dimensional Requirements of the Bolton Zoning Regulations for a minor property line adjustment from the Peterson property resulting in the creation of a ten (10) foot side and rear yard setback.
Susan Vita seconded the motion.
All were in favor.
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Agenda Item #3 – Tiffany Morrissey Preliminary Subdivision
This hearing was convened to consider the request of James Tiffany and Daniel Morrissey seeking preliminary major subdivision approval to set off five (5) lots from a 27-acre parcel, located off Stage Road.
James Tiffany, Daniel Morrissey and David Spitz appeared on behalf of the application. Louis Murray, Timothy Hansen, and Kathleen DeNutte appeared to show their support of Misters Tiffany and Morrissey.
Rob Heimbuch asked for an update on the subdivision plan.
Dick Ward provided the Board with a recap, stating that the sketch plan presented to the Board in August 2003 was out of compliance, the issue being the zoning district boundary line between the RI and RII Districts. He added had this plan been pursued, it would have been a very long process. Dick stated that Jim, Dan, and David had worked with CCRPC to render an outside opinion regarding the zoning district boundary line, and referenced three letters provided to the Board that brought forth the findings. With the findings and with different property lines, the plan being presented to the Board was now conforming; a total of 7 lots in 2 zoning districts. Dick also noted that the bylaws allow the zoning district boundary lines to be adjusted 30 feet to accomplish a certain plan, which was used in the new plan to get the 2 acres needed for lot #4, which is a 4.6 acres total, but that 2 acres within RI were needed to make that lot conforming.
David Spitz and JimTiffany noted that they did not wish to ask for any variances for the plan, and that after speaking to Dick the plan had been reduced by one lot. Mr. Spitz reviewed the lengthy and involved procedure used to find the zoning district boundary line, the location which CCRPC concurred with, and that zoning district boundary line was moved further south: 657’ south from where the boundary was previously shown. Mr. Spitz stated that lots # 1, 2, 3, and 7 are entirely in the 2-acre minimum/RI District, and are conforming. He stated that lot #4 is the one for which they are asking for the 30’ extension, because of it laying in 2 zones, RI and RII, but that it is conforming; 2 acres within the 2 acre/RI zone, but about 4 acres total. The other two lots, # 5 and 6 both have at least 6 acres, and are within the 6-acre minimum/RII District. Mr. Spitz added that they had tried to make lots that made sense for building, and that all of the lots will have on site septic, except for lot#5, whose off site septic will be on lot #1, Mr. Tiffany’s current lot. He noted that the State does have to review the septic plans.
Mr. Spitz noted another change to the plan; the backside of lots #1 and 2 is now along the center line of the road,
Rob Heimbuch stated that it appeared that most of the homes would be built along the knoll/ridge, and asked if it made more sense to build along the road. Mr. Tiffany replied that the soil along the road did not perk, and that he wanted to keep access private without a lot of curb cuts along the road.
Mike Rainville stated that there were no driveways on Stage Road. Mr. Tiffany replied that it made sense for the drives to come off of Stone Hill Road.
Rob Heimbuch asked if Mr. Tiffany would only be selling lots, and not the houses. Mr. Tiffany stated that he would be building on lot #2 and selling his house on lot #1, but he would not be building other houses to sell. He added that he envisioned homes in the 2500 square foot range.
Susan Vita asked what the lots might cost. Mr. Tiffany stated lots were running for 90k and up currently with engineering. He added that Bruce Pion of Navigator was contracted, and that V. Button would be doing the survey work.
Rob Heimbuch noted the request for a five-minute recess
Rob Heimbuch asked if the road would be accessible for emergency vehicles. Mr. Tiffany replied yes, the steepest part was right in the beginning, about a 10% grade, and then the road was reasonably flat. Mr. Tiffany stated that fire department had asked him to explore the options of creating a pond for fire protection, with certain specifications, or to provide 1000’ of fire hose. He added he was exploring the possibility of creating a pond the pond in an area where he believed the flow requirements could be met. Mr. Tiffany noted that there was a wetland area, that Kathy O’Brien had visited the area, and that the wetland was not mapped, or significant. The Board discussed the pond vs. firehose, and other options, came to the consensus that a pond would be preferred.
Dick Ward noted that for the record, all of the lots would front on Stone Hill Road, which is, and will remain private. Mr. Tiffany said yes. Dick noted that assuming that the plan proceeds, Mr. Tiffany would need to:
· Come back to the DRB with the final subdivision Mylar, in which unnecessary/old lines are removed.
· Draw new deeds.
· Create Articles of Association to be sure that proper methods are used during all phases of road and house construction
· Create a road maintenance agreement, as the road will remain private and will not be maintained by the Town of Bolton.
· See that roads are properly constructed before building permits are issued.
Dick noted that Mr. Tiffany’s lawyer and the lawyer for the Town would review the 2 documents (Articles of Association and road maintenance), and that Mr. Tiffany would need to file by November 29, 2003 in order to make the December 17, 2003 hearing timeframe.
Rob Heimbuch asked if there were any comments or questions from the neighbors in attendance. Louis Murray stated that they had no questions and that they understood the plan and that it looked okay. Rob added that he thought the plan looked good, much better than the previous non-conforming plan.
Rob Heimbuch asked if there were any other questions or comments from the Board. Ken Richardson asked if the impact on the schools from this development had been considered. Mr. Spitz replied that most towns are dealing with an aging population, and that school censuses are going down. Mr. Tiffany stated that the homes would not be starter homes, but in the 300K and up range, and that starter homes are the ones that generate children in the schools. Ken Richardson noted that although there is space available in the schools, the taxes in Town would reflect additional students. Rob added that Ken was noting that the added cost to the community needed to be taken into account.
Rob Heimbuch asked if there were any other questions or comments. There were none. Rob called for a motion.
Greg Swan made the motion to approve the request of James Tiffany and Daniel Morrissey for preliminary major subdivision approval to set off five (5) lots from a 27-acre parcel, located off Stage Road, with the following conditions:
1. A fire pond will be constructed to suit the Bolton Fire Chief’s stipulations.
2. Articles of Association will receive approval from the Town of Bolton’s attorney.
3. Any roads associated with the subdivision and development will remain private, with a road maintenance agreement in effect among the subdivision lot owners.
Mike Rainville seconded the motion.
All were in favor.
Agenda Item # 4 – Minutes October 15, 2003
Greg Swan made a motion to accept the minutes of October 15, 2003.
Ken Richardson seconded the motion.
All were in favor.
Agenda Item #5 – Other business or communications
Dick Ward noted that he would be doing business from his home in Florida during the months of January, February, and March 2004.
The Board noted the need to further discuss impact on schools and taxes as more development occurs in Bolton. Dick Ward suggested the Board ask the School Board for information regarding a long-range plan.
Agenda Item #6 – Adjournment
Ken Richardson made a motion to adjourn the hearing.
Susan Vita seconded the motion.
The hearing was adjourned at 8:30 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 or Ken Richardson, Vice Chair