Development Review Board Public Meeting Minutes

June 15, 2005

Development Review Board members present: Jerry Chabot, Alternate, Sharon Murray, Margot Pender, Mike Rainville, Ken Richardson

Development Review Board members absent: Susan Vita

Clerk: Amy Grover

ZAO: Dick Ward

Also present: Larry Stevens, Landowner, Matt Moore, Green Mountain Club, applicant

Agenda

1. Sketch Plan Review, Subdivision

2. Review of Rules and Procedures

3. Election of Officers

4. Minutes – February 16, 2005 and April 20, 2005

5. Other business or communications

6. Adjournment

Call to Order

The meeting was called to order at 7:05 p.m.

Agenda Item #1 – Sketch Plan Review – Subdivision. Larry Stevens, landowner, Matt Moore, Green Mountain Club, applicant

The DRB reviewed the application for the sketch plan review, two lot subdivision. It was noted that the parcel was 25 acres, had never previously been subdivided, and that the application was to create two parcels, one parcel of 8 acres to be conveyed to the Green Mountain Club, and the other parcel of 17 acres to be retained by Mr. Stevens.

Ken Richardson stated that before the DRB reviewed the current application, he wanted to convey his concerns over a previous GMC transaction which had served to open new State land for hunting on the ridges of the Bolton Valley ski area. Ken questioned if the current application for a subdivision by the GMC and Mr. Stevens would subsequently see the parcel of land being conveyed to the State of Vermont. Ken added that during the last deer season, he had seen more hunters on the mountain than ever before over the last nine years, and expressed his concern that there would be an incident of a hiker on the Bolton Valley ski trails being shot by a hunter. Matt Moore stated that yes, the land would subsequently be conveyed to the State. Mr. Moore added that he was not the Director of Land Protection at GMC at the time of the previous transaction, but that the GMC had come to the Select Board for approval before that transferal of the parcel to the State of Vermont. Mr. Moore stated that with this particular land acquisition project, yes the intent was to convey the land to the State, and that the parcel was already bounded on two sides by State forest land. Mr. Moore added that this was the preferred method of land acquisition: GMC would purchase land, and then convey the land to the State of Vermont, versus placing easements. Mr. Moore stated that the landowner dictated the process, and that in this case, Mr. Stevens preferred not to pursue the easement option.

Sharon Murray noted that the meeting was a sketch plan review, that it was informal and non-binding. Sharon stated that the DRB did not have the capacity to approve the creation of two non-conforming lots, adding that the parcel in question was zoned Forest District, with a 25 acre minimum lot size. Sharon noted that it would be important for Mr. Stevens and the GMC to show in the subdivision plans how that issue would be addressed and resolved; either through a lot line adjustment, or by the merging of the lots to bring each to a minimum of 25 acres. It was noted that Mr. Stevens owned an adjoining parcel, as did the State of Vermont. Matt Moore stated that the 8 acres to be purchased by the GMC would be conveyed to the State of Vermont and merged with other State lands, bringing the total parcel to more than the required 25-acre minimum. Sharon asked Mr. Stevens if he would be willing to consider either a lot line adjustment or a merger with his other parcel of land. Mr. Stevens replied yes. Sharon stated that if the route chosen were a lot line adjustment, the application would still need to be submitted as a subdivision, and not a simple lot/boundary line adjustment.

Sharon stated that it could be a condition of approval by the DRB that the merger or lot line adjustment must be shown on the final plat, and be filed with the Town Clerk’s office within 180 days of subdivision approval. Sharon asked if the 180 days from subdivision approval was feasible for the GMC. Matt Moore responded that yes, that timeframe was feasible, but asked if it was possible to acquire a variance from the dimensional requirements of the Forest District. Sharon stated that there was no way to approve new non-conforming parcels, but another option would be to request a land conservation provision zoning amendment, which could be an issue for the Planning Commission and Select Board to consider as a bylaw amendment at some point. The DRB noted that this would entail a longer process, as each group would be required to hold a public hearing.

Dick Ward reiterated that if that the lots were not merged with the State lands and Mr. Stevens other lot, or boundary lines not adjusted within the specified timeframe, that the subdivision approval would become null and void.

Dick Ward asked what timeframe the GMC was looking at. Matt Moore replied that the project needed to keep moving. The acquisition had been approved by the State Land Acquisition Review Committee, but the process did take some time as the Governor actually had to sign the papers. Mr. Moore stated that he did not believe there would be any problems with the acquisition, but wanted to keep moving forward, and had already contacted a surveyor. Mr. Moore asked the DRB if it was “safe” for him to go ahead and hire the surveyor. Sharon stated that the DRB would take action within 45 days by providing a letter defining the options available, but that the DRB could make a verbal motion for approval that evening.

Sharon Murray made a motion for the application for a two lot subdivision by Larry Stevens and the Green Mountain Club to proceed based on the discussion at the June 15, 2005 DRB meeting, with the two parcels resulting from the subdivision to be either merged with adjoining parcels, or to obtain a lot line adjustment which would bring each parcel into conformance with the 25 acre minimum lot size within the Forest District. Margot Pender seconded the motion. All were in favor, motion carried.

Agenda Item #2 –Review of Rules of Procedure

The DRB briefly discussed the draft Rules of Procedure and Ethics Manual provided by the Vermont Land Use Education and Training Collaborative. Amy noted under Vermont Statue, the DRB would adopt rules of procedures by September 1, 2005. Discussion included the following:

· That the Bolton DRB would use “Rules I.”

· Make more use of deliberative sessions.

· Changes to amount of time allowed for speakers at public hearings.

· Review of “interested person” definition, and the need to provide that information to abutters in the public hearing process.

Amy will make changes to the draft, and provide it to the DRB for continued review.

Agenda Item #3 – Election of Officers

Amy noted that Rob Heimbuch had resigned as the chair of the DRB and moved to an alternate position due to time constraints from working out of state. The Select Board appointed Sharon Murray from alternate to regular member of the DRB at their Monday, June 13, 2005 meeting.

Ken Richardson (Vice Chair, acting as Chair) noted that he would be moving from Bolton in the near future, pending the completion of the sale of his business, perhaps as early as August 2005.

Ken Richardson opened the floor for nominations for the Chair of the DRB. Ken made the motion to elect Sharon Murray as Chair of the DRB. Margot Pender seconded the motion. All were in favor, motion carried.

Ken Richardson opened the floor for nominations for Vice Chair Elect (to take his position of Vice Chair upon his departure from Bolton) of the DRB. Ken made the motion to elect Mike Rainville as Vice Chair Elect. Margot Pender seconded the motion. All were in favor, motion carried.

Agenda Item #4 - Minutes February 16, 2005, and April 20, 2005

Ken Richardson made the motion to approve the minutes of February 16, 2005. Margot Pender seconded the motion. All were in favor, motion carried.

Ken Richardson made the motion to approve the minutes of April 20, 2005. Sharon Murray seconded the motion. All were in favor, motion carried.

Agenda Item #5 - Other business or communications

Amy dispersed the packets of information provided by Bolton Valley for the June 29, 2005 public hearing. There was no discussion of the application. Amy noted the packets were quite large, and were only dispersed at the meeting to save the costs of postage.

Sharon Murray noted that tape recording of public hearings was addressed in the Rules of Procedure. The DRB discussed the shortfalls of the current system. Amy will check with Deb to see if there are funds in the DRB budget to purchase a new tape recording system.

Amy will check on funding for nameplates for the DRB.

Dick Ward noted that he had made previous plans to be out of state on June 29, 2005 (special public hearing date, not the usual 3^rd Wednesday of the month), and would not be attending the Bolton Valley hearing.

Agenda Item #6 – Adjournment

Ken /Richardson made the motion to adjourn the meeting at 8:20 p.m. Sharon Murray seconded the motion. All were in favor, meeting adjourned.

Amy Grover

Clerk, Development Review Board

These minutes are unofficial until accepted.

These minutes were read and accepted by the Development Review Board on

________________________ , 2005

_____________________________

Sharon Murray, Chair

Ken Richardson, Vice Chair