TOWN OF DERBY
PLANNING COMMISSION

MEETING MINUTES ARCHIVE

DERBY PLANNING COMMISSION ***MINUTES*** December 7, 2009, 2009

MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle.

MEMBERS ABSENT: Richard Del Favero, Cynthia Adams.

OTHERS PRESENT: ZA Bob Kelley.

7:05 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Nov 23) as written.  Seconded by Jim Bumps.  Approved by a unanimous decision.

The Commission worked on the Town Plan starting with the section on Derby Center Residential Districts and continued thru to the Flood Hazard Overlay District.  Minor changes were approved, a section on the Shoreland District was added, the section on Public Lands was deleted, and Bob Kelley will rewrite the opening paragraph to the Town of Derby Overlay Districts for the Commission to review. 

8:50 p.m.: Upon a motion by Dave LaBelle and seconded by Jim Bumps, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** November 23, 2009

MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: None.

OTHERS PRESENT: Joseph Gresser, Bill Simendinger, Roland Roy, Perry Hunt, Myron Brainard, Clifton Cargill, Keith Beadle, Marlie Rouleau, Kevin Barrup, Jack Stouffer, Carolyn Stouffer, Robin Smith, Frank Davis, Gina Alberghini, ZA Bob Kelley.

7:00 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Nov 9) as written.  Seconded by Richard Del Favero.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-142 by Kevin Barrup, PIN #RT111090H7T, for preliminary and final plat review to subdivide a 25 acre lot into 4 lots.  It is proposed to have three 5-acre lots and one 10-acre lot.  This property is located at 2888 Route 111 and is in a Rural Residential zoning district.  Kevin Barrup was present to explain the request.  10 acres was recently subdivided off this lot.  All lots have road frontage on Rte 111.  Lot width was discussed in detail.  Myron Brainard noted that there is a spring in the road just to the west of this subdivision.  There is a 30-inch culvert crossing the road and drainage from the north side of Rte 111 flows thru the culvert and across lot #1.  Lot #1 was subdivide off in an earlier permit and is not a part of this application.  Mr. Barrup is not planning at this time to get wastewater permits from that State for lots 3 thru 5.  There was no further testimony from interested parties.  Dave LaBelle made a motion to close the hearing on application 09-142 by Kevin Barrup.  Seconded by Richard Del Favero.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission began review access and circulation for the Farmer’s Market as per Planning Commission condition #5 on permit 09-029 by Real Desrochers, PIN #NDRT5059F4C.  This property is located on US Route 5 and is in a Commercial zoning district.  Jack Stouffer was present to answer the Commission’s questions.  No problems were noted with the access or circulation during this first year for the Farmer’s Market.  Because it is anticipated that more customers with be going to the Market in the future as the Market gets better established the Commission thought it would be wise to keep an eye on the access and circulation for at least another year.  There was no testimony from interested parties.  Dave LaBelle made a motion to close the hearing on the review of access and circulation for permit 09-029 by Real Desrochers.  Seconded by Richard Del Favero.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission began discussion on a proposed bylaw amend by the Derby Line Village Trustees that would require new Auto Service Stations/Mini Marts in the Village Commercial Derby Line zoning district to be located more than 500 ft from the property line of an existing Auto Service Station/Mini Mart.  The Selectboard will be holding a hearing next Monday to decide if they should make this an interim bylaw.  The Trustees explained why they were seeking this amendment.  Discussion centered on the cons of having a mini mart immediately to the north of the US Customs and the main concerns were preserving the character of the commercial district and circulation into and out of the lot.  They felt it would create a safety issue for both drivers and pedestrians.  Bill Simendinger, agent for Main Street Place LLC (owner of the 2 properties north of the US Customs), felt that the amendment would amount to spot zoning.  He stated that without competition people pay higher prices.  Frank Davis expressed his concerns and did not feel it was appropriate for the ZA to have notified Mr. Simendinger about the proposed interim bylaw.  After all discussion was heard the Commission decided to move on with their agenda and come back to this later.

Dave LaBelle made a motion to reopen application 09-141 by Richard Giroux, PIN #NDRT5052F4C, to amend his existing permit for used car sales.  The proposed amendments are to change the landscaping and to expand the auto display area.  This property is located at 24 Joseph Street and is in a Commercial zoning district.  This application was recess from their last meeting.  Seconded by Jim Bumps.  Approved by a unanimous decision. 

Gina Alberghini was present to explain the application.  It was noted that Joe Profera and Cynthia Adams have both listened to the tape of last weeks hearing and reviewed all the application materials and therefore will be participating in this application.  Landscaping and greenstrips were discussed.  Abutting property owner Bill Simindinger stated he did not have a problem with display vehicles being parked 5 ft from his property line.  Gina Alberghini mentioned the possibility of leasing some land to satisfy the greenstrip requirement.  There was no further testimony from interested parties.  Cynthia Adams made a motion to close the hearing on application 09-141 by Richard Giroux.  Seconded by Dave LaBelle.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission resumed discussion on the proposed bylaw amendment/interim bylaw.  Joe Profera and Richard Del Favero are in favor of the Selectboard enacting the interim bylaw and Jim Bumps, Cynthia Adams and Dave LaBelle are opposed.  The ZA was asked to notify the Selectboard of this.  The Planning Commission decided that they would not be pursuing the proposed permanent bylaw amendment submitted by the Derby Line Village Trustees.

8:25 p.m.: Cynthia Adams made a motion to enter into deliberative session to discuss closed applications.  Seconded by Dave LaBelle.  Approved by a unanimous decision. 

9:10 p.m.: Upon returning from deliberative session Cynthia Adams made a motion to grant final plat approval for application 09-142 by Kevin Barrup, PIN #RT111090H7T, to subdivide a 25 acre lot into 4 lots.  Three 5 acre lots and one 10 acre lot with the condition that a mylar of the approved subdivision be filed with the Derby Town Clerk within 180 days of this decision (see attached written decision).  Seconded by Dave LaBelle.  Approved by a unanimous decision (note Richard Del Favero abstained from voting on this application because he is an abutting property owner).

Dave LaBelle made a motion to require as a condition to permit 09-029 by Real Desrochers for a Farmer’s Market that the applicant must come back before the Planning Commission for review of access and circulation prior to December 1, 2010 (see attached written decision).  Seconded by Jim Bumps.  Approved by a unanimous decision. 

Dave LaBelle made a motion grant site plan approval for application 09-141 by Richard Giroux to reduce the greenstrip requirement along Route 5 and Joseph Street from 25 ft to 10 ft and to eliminate the lilac trees and rose bushes along the westerly side of the property with the following conditions.  1) A 10 wide greenstrip along the westerly property line must be maintained.  2) A row of coniferous trees 10 ft on center must be planted in the greenstrip along the southern property line.  3) All landscaping must be maintained by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner.  (see attached written decision)  Seconded by Cynthia Adams.  Approved by a unanimous decision. 

The Commission decided that they will not have a meeting on December 21, 2009.

9:25 p.m.:  Upon a motion by Dave LaBelle and seconded by Cynthia Adams, the meeting was adjourned.

The minutes were taken by Bob Kelley.

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

November 23, 2009

OWNER: Real Desrochers

MEETING DATE: November 23, 2009

APPLICATION #: 09-029

A condition of Permit #09-029 for a Farmer’s Market was that the applicant must come back before the Planning Commission for review of access and circulation prior to December 1, 2009.  This decision pertains to that review.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on November 23, 2009 the Town of Derby Planning Commission makes the following Findings of Fact:

General Information

1. The property is owned by Real Desrochers.
2. The property is located along Route 5 just to the east of the Elks Lodge and is in a Commercial zoning district.
3. The lot is 3.4 acres with 475 ft of road frontage.

This Application

1. The Farmer’s Market was in operation for the 2009 season.
2. Parking was orderly and in the proper location.
3. Gravel did not appear to get tracked into the road.
4. There was an above average amount of rain this summer.
5. Mr. Stouffer considered the market’s first year a success and anticipates that next year will be better now that they have become established.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:

1.) Adequacy of traffic access;

While there were no issues this year the Commission would like to keep track of things for another year to ensure that as the Farmer’s Market becomes more established problems do not arise. 

2.) Circulation and parking;

Again, while there were no issues this year the Commission would like to keep track of things for another year to ensure that as the Farmer’s Market becomes more established problems do not arise. 

DECISION

The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby REQUIRES as a condition of permit 09-029 by Real Desrochers for a farmers’ market that the applicant must come back before the Planning Commission for review of access and circulation prior to December 1, 2010.

Those in favor: Joe Profera, Cynthia Adams, Richard Del Favero, Dave LaBelle, Jim Bumps.

Those in opposition: None.

Dated in Derby, Vermont on November 23, 2009.

Town of Derby Planning Commission

Joe Profera, Chair                                                                                

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

November 23, 2009

OWNER: Richard Giroux

MEETING DATE: November 9, 2009 & November 23, 2009

APPLICATION #: 09-141

This decision pertains to site plan approval for application 09-141 by Richard Giroux, PIN#NDRT5052F4C, to amend permit #07-125.  The proposed amendments are to change the approved landscaping and greenstrips.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearings on November 9, 2009 and November 23, 2009 the Town of Derby Planning Commission makes the following Findings of Fact:

General Information

1. The property is owned by Richard Giroux.
2. The property is located at 24 Joseph Street and is in a Commercial zoning district.
3. The property has 100 ft of frontage on Rte 5 and 199 ft frontage on Joseph Street.
4. The property is currently being use as a use car sales lot.

This Application

1. 2 groups of 5 shrubs are planted along Rte 5 and 4 maple trees are planted along Joseph Street.
2. The driveway apron is paved in 25 ft from the edge of Joseph Street.
3. The applicant is requesting that the landscaping requirement along the southern boundary by permit 07-125 be eliminated and apartment owner to the south does not want trees planted or a fence erected along their mutual boundary.
4. The property to the south is zoned residential and permit #09-125 required a row of coniferous trees planted along the southern boundary line 10 ft on center to satisfy the landscaped greenstrip requirement of the bylaw.
5. A 10 ft greenstrip is proposed along the north, east, and south property lines.  A 5 ft greenstrip is proposed along the west property line.
6. A large area to the west is currently undeveloped
7. The property owner to the west, Wesco Inc, has no objections to having cars on display parked within 5 ft of the property line.
8. The bylaws require a 10 ft greenstrip on all sides in the Commercial district.
9. There are no known renewable energy resources affected by this application.
10. The area is a mixture of commercial and residential uses.
11. No changes to the existing drainage patterns are proposed.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:

1.) Adequacy of traffic access;

Adequate as submitted.

2.) Circulation and parking;

Adequate as submitted.

3.) Landscaping, screening and any adopted greenspace plan;

The bylaw requires a landscaped greenstrip between commercial and residential zones.  And a 10 ft greenstrip on all sides

4.) The utilization of renewable energy resources;

Adequate as submitted.

5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use;

Adequate as submitted.

6.) The implementation and furtherance of the Town Plan;

Adequate as submitted.

7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program;

Adequate as submitted.

8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development;

Adequate as submitted.

9.) Any other factor relating directly to the development proposal;

Adequate as submitted.

DECISION

The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 09-141 by Richard Giroux to reduce the greenstrip requirement along Route 5 and Joseph Street from 25 ft to 10 ft and to eliminate the lilac trees and rose bushes along the westerly side of the property with the following conditions. 

1. A 10 wide greenstrip along the westerly property line must be maintained.
2. A row of coniferous trees 10 ft on center must be planted in the greenstrip along the southern property line.
3. All landscaping must be maintained by replacing any dead or diseased plantings within the season or as soon as possible after the ground thaws, whichever is sooner.

Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps, Cynthia Adams.

Those in opposition: None.

Dated in Derby, Vermont this 23^rd day of November 2009.

Town of Derby Planning Commission

Joe Profera, Chair                                                                                

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

DERBY PLANNING COMMISSION ***MINUTES*** November 9, 2009

MEMBERS PRESENT: Richard Del Favero, Jim Bumps, Dave LaBelle.

MEMBERS ABSENT: Joe Profera, Cynthia Adams.

OTHERS PRESENT: Gina Alberghini, ZA Bob Kelley.

7:00 p.m.:  Acting Chair Dave LaBelle called the meeting to order.  Richard Del Favero made a motion to approve the minutes to the last meeting (Oct 26) as written.  Seconded by Jim Bumps.  Approved by a unanimous decision.

Acting Chair Dave LaBelle read the warning for application 09-141 by Richard Giroux, PIN #NDRT5052F4C, to amend his existing permit for used car sales.  The proposed amendments are to change the landscaping and to expand the auto display area.  This property is located at 24 Joseph Street and is in a Commercial zoning district.  Gina Alberghini was present to explain the request.  The proposed changes to the landscaping include deletion of the coniferous trees on the south side and deletion of the lilac trees and rose bushes on the west side.  The proposed expansion of the display area would be to reduce the greenstrip along Rte 5 and Joseph Street from 25 ft to 10 ft and along the west side from 10 ft to 5 ft.  Ms. Alberghini submitted 2 letters; one from Mark & Amy Giroux (abutting property owners to the south) stating they are very content to leave the property line as is, without the addition of any trees or fencing; the other letter is from WESTCO, Inc (abutting property owners to the west) giving Giroux Auto permission to park within five feet of their property line.  The Commission had some concerns with the proposed greenstrip being reduced to 5 ft on the west side and would like to have the absent Commission members listen to the tape of tonight’s meeting so that they can weigh in on the proposed landscaping changes.  There was no testimony from interested parties.  Richard Del Favero made a motion to recess the hearing on application 09-141 by Richard Giroux until November 23, 2009 at 7:00 pm here in the municipal building.  Seconded by Jim Bumps.  Approved by a unanimous decision.  The applicant was informed that the Commission might take further testimony at their next meeting.

It was decided to not working on the Town Plan tonight.

8:10 p.m.: Upon a motion by Richard Del Favero and seconded by Jim Bumps, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** October 26, 2009

MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: None.

OTHERS PRESENT: John Bevins, Gina Alberghini, ZA Bob Kelley.

7:00 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Oct 12) as written.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-132 by Kevin Barrup, PIN #NDRT5060F4C1, for a 30 ft by 45 ft addition to the rear of the existing carwash to be used for an express oil change and automotive use.  This property is located at 3693 Route 5 and is in a Commercial zoning district.  John Bevins was present to explain the request.  There will be 4 bays for oil changes, 1 in the front and 3 in the rear.  There will be 3 car wash bays, one will not be a drive thru.  He would like to continue to sell used cars.  Signage will be on the building.  The Commission has concerns with traffic flow and the aesthetics of the existing white stones.  There was no testimony from interested parties.  Dave LaBelle made a motion to close the hearing on application 09-132 by Kevin Barrup.  Seconded by Cynthia Adams.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

Gina Alberghini was present to informally discuss the Giroux application scheduled for their next meeting.  She would like the application process to go smoothly and would like to know if there are any concerns about the application jumps out at the Commission that she may be able to address before their next meeting.  One thing that jumped out at the Commission was the request to reduce the greenstrip on the west side to 5 ft.

The Commission decided not to work on the town plan tonight and went into deliberative session to discuss closed applications.

Upon returning from deliberative session Dave LaBelle made a motion to grant site plan approval for application 09-132 by Kevin Barrup, PIN #NDRT5060F4C1, for a 30 ft by 45 ft addition to the rear of the existing carwash to be used for an express oil change and automotive use with the following conditions:

1. The 4 trees proposed along the east side of the property shall be planted no further than 10 ft from the property line.
2. The 3 trees proposed along the street shall be relocated to be on the west side of the property between the front corner of the office and the back corner of the proposed building.
3. The white stones along the west side of the property shall be removed and the area grassed or mulched and landscaped with a minimum of 9 shrubs.
4. One group of 3 shrubs shall be planted to the west of the entrance.
5. Four groups of 3 shrubs shall be planted to the east of the entrance.
6. The display area for used car sales is reduced to one row of cars to the east of the entrance.

Seconded by Jim Bumps (see attached written decision).  Ayes – Joe Profera, Dave LaBelle, Jim Bumps, Richard Del Favero.  Nays - Cynthia Adams.  Approved by a majority decision. 

Cynthia Adams made a motion to grant final plat approval for application 09-114 by Ronald & Robin Taber, PIN #SSTER010A7L1, for a 2 lot subdivision, lot #1 - 0.68 ac and lot #2 - 0.34 ac with the following conditions:

1. A mylar of the approved subdivision plat must be filed with the Derby Town Clerk within 180 days of this decision.
2. ANY change to the existing contours of either lot must be approved by the Planning Commission.

Seconded by Jim Bumps (see attached written decision).  Approved by a unanimous decision with Joe Profera and Richard Del Favero abstaining.

Dave LaBelle made a motion to grant site plan approval for application 09-111 by Todd & Cindy Willis, PIN #NDRT5055F4C, for modifications to the display area for used car sales with the following conditions:

1. A minimum of 3 ornamental trees shall be planted along the east side bordering the Elks property starting even with the front face of the existing office building.
2. A minimum of 1 group of 3 shrubs shall be planted on the east side of the eastern entrance.
3. A minimum of 4 groups of 3 shrubs shall be planted in the greenstrip between the 2 entrances.

Seconded by Jim Bumps (see attached written decision).  Approved by a unanimous decision with Cynthia Adams abstaining.

9:25 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.

The minutes were taken by Bob Kelley.

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

October 26, 2009

OWNER: Ronald & Robin Taber

MEETING DATE: September 28, 2009 & October 12, 2009

APPLICATION #: 09-114

This decision pertains to site plan approval for application 09-114 by Ronald & Robin Taber, PIN #SSTER010A7L1, for a 2 lot subdivision.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on September 28, 2009 and October 12, 2009 the Town of Derby Planning Commission makes the following Findings of Fact:

General Information

1. The property is owned by Ronald & Robin Taber.
2. The property is located on Sunset Terrace in Derby Line and is in the VR1/DL zoning district.
3. Village water and sewer are available to the site.

This Application

1. It is propose to split the existing lot into 2 lots.  Lot #1 - .68 ac and lot #2 - .34 ac.
2. Both lots have frontage on a public street.
3. Both lots have widths and depths of 100 ft or more.
4. Both lots are over 10,000 sq ft in area.
5. No new roads are proposed.
6. There is an existing drainage swale across this property.
7. Future changes to the existing drainage pattern are not known.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:

1.) Adequacy of traffic access;

Adequate as submitted.

2.) Circulation and parking;

Adequate as submitted.

3.) Landscaping, screening and any adopted greenspace plan;

Adequate as submitted.

4.) The utilization of renewable energy resources;

Adequate as submitted.

5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use;

Adequate as submitted.

6.) The implementation and furtherance of the Town Plan;

Adequate as submitted.

7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program;

Adequate as submitted.

8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development;

Stormwater drainage in the area could be adversely impacted depending on how the lots are developed and contours changed.

9.) Any other factor relating directly to the development proposal;

Adequate as submitted.

DECISION

The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 09-114 by Ronald & Robin Taber for a 2 lot subdivision as per Vermont Geomatics Subdivision Plat #09004-su dated 8/26/09 with the following conditions.

1. A mylar of the approved subdivision plat must be filed with the Derby Town Clerk with 180 days of this decision.
2. ANY change to the existing contours of either lot must be approved by the Planning Commission.

Those in favor: Dave LaBelle, Jim Bumps, Cynthia Adams.

Those in opposition: None.

Those abstaining: Joe Profera, Richard Del Favero.

Dated in Derby, Vermont this 26^th day of October 2009.

Town of Derby Planning Commission

Dave LaBelle, Acting Chair                                                                        

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

October 26, 2009

OWNER: Todd & Cindy Willis

MEETING DATE: September 14, 2009

APPLICATION #: 09-111

This decision pertains to site plan approval for application 09-111 by Todd & Cindy Willis, PIN #NDRT5055F4C, for a modification of  the display areas fro used car sales and for additional landscaping.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on September 14, 2009 the Town of Derby Planning Commission makes the following Findings of Fact:

General Information

1. Owner of the property is Todd & Cindy Willis.
2. The property is located at 3760 & 3762 Rte 5 and is in the commercial and village residential/Derby Center zoning districts.
3. The total lot area is 4.89 acres with 278 ft of road frontage.
4. There are 2 structures on the lot.  One is a single family dwelling with the basement level 2 stall garage being used for the auto sales business and the other has a motor vehicle sales office on the basement level and offices on the first floor.

This Application

1. This project calls for paving in front of the existing retaining wall, modifying the vehicle display area, and adding additional landscaping in the front greenstrip.
2. Traffic access is via Rte 5 and will not change from what was grant under permit 08-068.
3. 12 additional shrubs and 2 trees are proposed from what is existing.
4. There are no known renewable energy resources affected by this project.
5. This project is on the main commercial corridor in the Town and is a permitted use in the commercial district.
6. There is no proposed change to the existing drainage patterns.
7. There is no proposed change to the existing exterior lighting.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:

1.) Adequacy of traffic access;

Adequate as submitted.

2.) Circulation and parking;

Adequate as submitted.

3.) Landscaping, screening and any adopted greenspace plan;

Landscaping is needed to enhance the commercial area and for compatibility with the neighborhood.

4.) The utilization of renewable energy resources;

Adequate as submitted.

5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use;

Adequate as submitted.

6.) The implementation and furtherance of the Town Plan;

Adequate as submitted.

7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program;

Adequate as submitted.

8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development;

Adequate as submitted.

9.) Any other factor relating directly to the development proposal;

Adequate as submitted.

DECISION

The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 09-111 by Todd & Cindy Willis for a modification to the display area for used car sales and for additional landscaping as per site plan S-1 by All Systems Septic Design revision date 8/24/09 with the following conditions:

1. A minimum of 3 ornamental trees shall be planted along the east side bordering the Elks property starting even with the front face of the existing office building.
2. A minimum of 1 group of 3 shrubs shall be planted on the east side of the eastern entrance.
3. A minimum of 4 groups of 3 shrubs shall be planted in the greenstrip between the 2 entrances.

Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps.

Those in opposition: None.

Those abstaining: Cynthia Adams

Dated in Derby, Vermont this 26^th day of October 2009.

Town of Derby Planning Commission

Joe Profera, Chair                                                                                

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

DERBY PLANNING COMMISSION ***MINUTES*** October 12, 2009

MEMBERS PRESENT: Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: Joe Profera, Richard Del Favero.

OTHERS PRESENT: Robin Taber, Richard Giroux, Gina Alberghini, Cheryl Buckland, Ken Ruff, Marge Ovitt, Michael Ovitt, Randy Dutil, John Bevins, Rod Barrup, Kevin Barrup, Brent Hilliard, ZA Bob Kelley.

7:00 p.m.:  Acting Chair Dave LaBelle called the meeting to order.  Cynthia Adams made a motion to approve the minutes to the last meeting (Sept 28) as written.  Seconded by Jim Bumps.  Approved by a unanimous decision.

Cynthia Adams made a motion to reopen application 09-114 by Ronald & Robin Taber, PIN #SSTER010A7L1, for preliminary and final plat review for a 2 lot subdivision.  Lot #1 is 0.68 ac and lot #2 is 0.34 ac.  This property is located on Sunset Terrace and is in the Village Residential One Derby Line zoning District.  Seconded by Jim Bumps.  Approved by a unanimous decision.

It was noted that the Planning Commission did a site visit at 6:30 prior to tonight’s meeting.  Jim Bumps, Dave LaBelle and Cynthia Adams were present at the site visit along with various members of the public and the Zoning Administrator. 

Robin Taber was present to explain the request.  Mrs. Taber submitted a site plan with the existing contours of the lot.  The Commission had concerns of how future development of the lots would affect the existing drainage patterns.  Mrs. Taber stated that they do not have any plans to develop the lots themselves.  Mike Ovitt, Marge Ovitt and Randy Dutil asked questions concerning drainage, snowmelt, bonding and blasting.  Cynthia Adams made a motion to close the hearing on application 09-114 by Ronald & Robin Taber.  Seconded by Jim Bumps.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

Acting Chair Dave LaBelle read the warning for application 09-107 by JLD Properties of Derby, PIN #NDRT5017G3T, to continue to park school buses on the lot.  This property is locate on Route 5 and is in a Commercial zoning district.  Brent Hilliard was present to explain the request.  NCUHS is hoping to have a permanent location for their buses soon.  No changes are proposed to the existing lots.  There was no testimony from interested parties.  Cynthia Adams made a motion to close the hearing on application 09-107 by JLD Properties of Derby.  Seconded by Jim Bumps.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

Acting Chair Dave LaBelle read the warning for application 09-124 by Kevin Barrup, PIN #RT111090H7T, for preliminary and final plat review for a 2-lot subdivision.  Lot #1 is 10.5 acres and lot #2 is 25 acres.  This property is located at 2888 Route 111 and is in a Rural Residential zoning district.  Kevin Barrup was present to explain the request.  Mr. Barrup has plans to further subdivide the 25 ac lot, but will submit a future application to do so.  This application is just for the 2 proposed lots.  Under a prior subdivision permit Mr. Barrup state that he has split a 2 ac lot off of this property.  There was no testimony from interested parties.  Cynthia Adams made a motion to close the hearing on application 09-124 by Kevin Barrup.  Seconded by Jim Bumps.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

Jim Bumps made a motion to reopen application 09-111 by Todd & Cindy Willis.  Seconded by Cynthia Adams.  Approved by a unanimous decision. 

Members that were present during the initial hearing were not present, so Jim Bumps made a motion to recess application 09-111 by Todd & Cindy Willis until October 26, 2009 at 7:00 pm here in the municipal building.  Seconded by Cynthia Adams.  Approved by a unanimous decision. 

Cynthia Adams made a motion to table working on the Town Plan.  Seconded by Jim Bumps.  Approved by a unanimous decision. 

Gina Alberghini and Richard Giroux were present and wanted to discuss changes to they would like to make to the existing permit for their used car lot on Joseph Street.  They are currently in Court with the Town for alleged violations of their permit.  They explained the changes they would like to make and the Commission appeared receptive to the changes.  An amendment to their existing permit would have to be submitted.

The Commission deliberated on the JLD application, there is essentially no landscaping on the lot, but the use is only temporary.  Cynthia Adams made a motion to grant application 09-107 by JLD Properties of Derby, PIN #NDRT5017G3T, to continue to park school buses on the lot with the condition that the permit will expire 3 years from the date of this decision (see attached written decision).  Seconded by Jim Bumps.  Approved by a unanimous decision. 

The Commission deliberated on the Barrup application.  Cynthia Adams made a motion to grant final plat approval for application 09-124 by Kevin Barrup, PIN #RT111090H7T, for a 2-lot subdivision.  Lot #1 is 10.5 acres and lot #2 is 25 acres +- with the condition that a mylar of the approved subdivision be filed with the Derby Town Clerk within 180 days of this decision (see attached written decision).  Seconded by Jim Bumps.  Approved by a unanimous decision.

The Commission deliberated on the Taber application.  No decision was made.  They plan on continuing deliberations at their next meeting.

8:42 p.m.: Upon a motion by Cynthia Adams and seconded by Jim Bumps, the meeting was adjourned.

The minutes were taken by Bob Kelley.

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

October 12, 2009

OWNER: JLD Properties of Derby

MEETING DATE: October 12, 2009

APPLICATION #: 09-107

This decision pertains to site plan approval for application 09-107 by JLD Properties of Derby, PIN #NDRT5017G3T, to park School Buses on the lot.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on October 12, 2009 the Town of Derby Planning Commission makes the following Findings of Fact:

General Information

1. The property is owned by JLD Properties of Derby.
2. It is located on Route 5 in a Commercial zoning district.
3. The lot is 2.25 acres with 220 ft of road frontage.

This Application

1. A temporary permit was issued in 2000 and expired 9/2/2003 for the parking of school buses on this lot.  The lot has continued to be used for bus parking.
2. Bus drivers drive to the site in their personal vehicles and park their vehicles on the lot while they are on their bus routes.
3. The school is continuing to look for a permanent location to park and service their buses.
4. Access will continue to be from Route 5
5. No new landscaping is being proposed.
6. There are no known renewable energy resources affected by their project.
7. The neighborhood is a mix of commercial and residential uses.
8. There is no change proposed to the existing drainage patterns.

CONCLUSION OF LAW

Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides:

1.) Adequacy of traffic access;

Adequate as submitted.

2.) Circulation and parking;

Adequate as submitted.

3.) Landscaping, screening and any adopted greenspace plan;

Landscaping is adequate for a temporary use.

4.) The utilization of renewable energy resources;

Adequate as submitted.

5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use;

Adequate as submitted.

6.) The implementation and furtherance of the Town Plan;

Adequate as submitted.

7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program;

Adequate as submitted.

8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development;

Adequate as submitted.

9.) Any other factor relating directly to the development proposal;

Adequate as submitted.

DECISION

The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 09-107 by JLD Properties of Derby for school bus parking as submitted with the following condition.

1. This is a temporary permit and will expire 3 years from the date issued.

Those in favor: Dave LaBelle, Jim Bumps, Cynthia Adams.

Those in opposition: None.

Dated in Derby, Vermont this 12^th day of October 2009.

Town of Derby Planning Commission

Dave LaBelle, Acting Chair                                                                        

An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision.  The fee is $250.

If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long.  You will be bound by the decision, pursuant to 24 V.S.A. §4472(d).

This is a local permit application only.  Other permits may be NECESSARY.  The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application.  To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098.

EXHIBIT LIST

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

October 12, 2009

OWNER: Kevin Barrup

MEETING DATE: October 12, 2009

APPLICATION #: 09-124

This decision pertains to site plan and final plat approval for application 09-124 by Kevin Barrup, PIN #RT111090H7T, for a 2-lot subdivision.  Lot #1 – 10.5 ac, lot #2 – 25 ac.

FINDINGS OF FACT

Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearing on October 12, 2009 the Town of Derby Planning Commission makes the following Findings of Fact:

General Information

DERBY PLANNING COMMISSION ***MINUTES*** September 28, 2009

MEMBERS PRESENT: Joe Profera, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: Richard Del Favero, Jim Bumps.

OTHERS PRESENT: Ronald Taber, Robin Taber, Cheryl Buckland, Tim Gustafson-Byrne, Marge Ovitt, Randy Dutil, George Hardy, Roger Sanville, Lawrence Brow, ZA Bob Kelley.

7:03 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Sept 14) as written.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

It was noted that a site visit was held at 6:30 prior to this meeting at Right Wheels.  Joe Profera, Dave LaBelle, Bob Kelley and Todd Willis were present.

Chair Joe Profera read the warning for application 09-114 by Ronald & Robin Taber, PIN #SSTER010A7L1, for preliminary and final plat review for a 2 lot subdivision.  Lot #1 is 0.68 ac and lot #2 is 0.34 ac.  This property is located on Sunset Terrace and is in the Village Residential One Derby Line zoning District.  Ronald & Robin Taber were present to explain the request.  Mr. Taber explained that he is proposing to subdivide the existing lot into 2 lots and he feels that the proposed lots meet all the dimensional requirements of the bylaw.  The commission raised concerns about the drainage swale that crosses the property.  Mr. Taber felt that the drainage concerns should be addressed when the lots are developed and he is not proposing any construction on these lots at this time.  Marge Ovitt, George Hardy, Tim Byrne and Randy Dutil raised concerns ranging from watershed issues, to what type of house might be built, to the village blasting when installing the sewer line.  The Commission felt that a site visit was warranted.  Dave LaBelle made a motion to recess the hearing on application 09-114 by Ronald & Robin Taber until their 7:00 pm October 12, 2009 meeting here in the municipal building, with a site visit at 6:30 pm October 12, 2009 prior to the meeting.  The public is welcome to attend the site visit.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-116 by Lawrence Brow & Roger Sanville, PIN #TRD04070D2T, for preliminary and final plat review for a 2 lot subdivision.  Lot #1 is 2.0 ac and lot #2 is 3.3 ac.  This property is located on Darling Hill Road and is in a Residential Two Acre zoning district.  Mr. Brow and Mr. Sanville were present to explain the request.  Lot #1 has a State wastewater permit and lot #2 does not.  Location of driveways accessing the lots will depend on the future house designs.  There was no testimony from interested parties.  Cynthia Adams made a motion to close the hearing on application 09-116 by Lawrence Brow & Roger Sanville.  Seconded by Dave LaBelle.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission deliberated on the Brow/Sanville application.  Cynthia Adams made a motion to grant application 09-116 by Lawrence Brow & Roger Sanville, PIN #TRD04070D2T, for final plat approval for a two lot subdivision as submitted with the condition that a mylar of the approved subdivision be filed with the Derby Town Clerk within 180 days of this decision (see attached written decision).  Seconded by Dave LaBelle.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-111 by Todd & Cindy Willis, PIN #NDRT5055F4C, for modifications to the display area for used car sales and for additional landscaping.  This property is located at 3762 Route 5 and is in a Commercial zoning district.  This application was recessed from their Sept 14^th meeting.  Dave LaBelle made a motion to recess the hearing on application 09-111 by Todd & Cindy Willis until their 7:00 pm meeting on October 12, 2009 because 2 members that participated in the initial hearing are absent tonight.  Seconded by Cynthia Adams.  Approved by a unanimous decision. 

The Commission decided not to work on the Town Plan tonight.

8:38 p.m.: Upon a motion by Cynthia Adams and seconded by Dave LaBelle, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** September 14, 2009

MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle.

MEMBERS ABSENT: Cynthia Adams.

OTHERS PRESENT: Todd Willis, Cindy Willis, ZA Bob Kelley.

7:00 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Aug 31) as written.  Seconded by Jim Bumps.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-111 by Todd & Cindy Willis, PIN #NDRT5055F4C, for modifications to the display area for used car sales and for additional landscaping.  This property is located at 3762 Route 5 and is in a Commercial zoning district.  Todd Willis was present to explain the request.  He explained the changes from what was previously approved.  He would like to pave in front of the existing retaining wall for additional vehicle display and to assist in snow removal.  Total vehicles to be displayed on the lot has increased to 130 vehicles.  2 trees and 12 shrubs are proposed in greenstrip in front of the building.  Dave LaBelle made a motion to recess the hearing on application 09-111 by Todd & Cindy Willis.  Seconded by Jim Bumps.  Approved by a unanimous decision. 

The Commission discussed the application and decided a site visit was warranted.  They scheduled a site visit for 6:30 p.m. on Monday September 28, 2009.

It was decided not to work on the Town Plan tonight.

The ZA handed out application packets for their next meeting and the Commission reviewed their mail.

8:12 p.m.: Upon a motion by Dave LaBelle and seconded by Jim Bumps, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** August 31, 2009

MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: None.

OTHERS PRESENT: Reginald Abbott, ZA Bob Kelley.

7:00 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Aug 17) as written.  Seconded by Jim Bumps.  Approved by a unanimous decision.

Dave LaBelle made a motion to reopen application 09-081 by Reginald Abbott.  Seconded by Jim Bumps.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-081 by Reginald Abbott, PIN #TRD41001G3T, to change the use of an existing building.  It is proposed to use the 1^st floor for retail, 2^nd floor for office, and basement for light industrial.  This property is located at 30 Crawford Road and is in a Commercial zoning District.  Reginald Abbott was present to explain the request.  A revised site plan with changes to the parking and landscaping was reviewed.  Deliveries will be mainly UPS or FedEx.  Handicap accessibility was discussed in detail.  The basement and first floor levels will be handicap accessible.  The realignment of Crawford Road and the parking on the north side of the building was discussed.  There was no testimony from interested parties.  Dave LaBelle made a motion to close the hearing on application 09-081 by Reginald Abbott.  Seconded by Cynthia Adams.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission deliberated on the Abbott application.  Dave LaBelle made a motion to grant application 09-081 by Reginald Abbott, PIN #TRD41001G3T, to change the use of an existing building to 1^st floor for retail, 2^nd floor for office, and basement for light industrial with the following 5 conditions: 1) Parking and landscaping are approved as per site plan S-1 by All systems Septic Design with a revision date of 8/20/09; 2) Entrance into the south side parking lot must be paved to a depth of 25 ft from the edge of the Crawford Road; 3) The driveway and 2 parking spaces on the north side of the building shall not be install or used until the intersection of Crawford Road and Route 5 is realigned with Shattuck Hill Road; 4) The 2^nd floor offices shall not be used until the 2 parking spaces on the north side of the building are installed and paved; and 5) All exterior lights shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view beyond the property and the perimeter of the area to be illuminated. (see attached written decision)  Seconded by Cynthia Adams.  Approved by a unanimous decision.

The Commission continued review of the Proposed Town Plan from where they left off.  The Commercial and Village Commercial sections were reviewed and changes were made.  While reviewing the zoning maps it was noted that the Willis property on Route 5 should all be in the Commercial district.  It was also noted that the 5,000 and 10,000 sq ft commercial area limits in the village commercial zones should be clarified as to whether this includes outside display areas or not.  The ZA made a note to add these items to his list of possible bylaw amendments.

8:50 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** August 17, 2009

MEMBERS PRESENT: Joe Profera, Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: Richard Del Favero.

OTHERS PRESENT: ZA Bob Kelley.

7:05 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Aug 3) as written.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

The Commission began review of the Town Plan.  Changes made at their July 20^th meeting were reviewed and approved.  In continuing their review the Commission worked their way thru and made changes to Protection of the Environment and Rare and Irreplaceable Areas and to the Land Use sections.  Land Use was only reviewed thru the “Industrial and Commercial/Industrial” section and they will pick up at the “Commercial” section next time.

8:30 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** August 3, 2009

MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: None.

OTHERS PRESENT: Reginald Abbott, Laura Suchla, Lew Oovone, Michael Gosselin, ZA Bob Kelley.

7:00 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (July 20) as written.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

Mr. Gosselin had not arrived yet so the Commission skipped to the next application.

Chair Joe Profera read the warning for application 09-081 by Reginald Abbott, PIN #TRD41001G3T, to change the use of an existing building.  It is proposed to use the 1^st floor for retail, 2^nd floor for office, and basement for light industrial.  This property is located at 30 Crawford Road and is in a Commercial zoning District.  Reginald Abbott and Lew Oovone were present to explain the request.  Lew Oovone will be renting the basement level to rebuild printer cartridges.  He explained that there will only be 2 employees and they will be catering mainly to business.  He expects a relatively low volume of walk in customers.  Mr. Abbott explained the other aspects of the project including lighting, parking, and landscaping.  The walkway in front of the building will not be as depicted on the site plan, it will loop out away from the building.  There was no testimony from interested parties.  Cynthia Adams made a motion to close the hearing on application 09-081 by Reginald Abbott.  Seconded by Dave LaBelle.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

Chair Joe Profera read the warning for application 09-074 by Michael Gosselin, PIN #TRD22055E7T1, for conceptual and final plat approval for a two lot subdivision.  Lot #1 6.6 ac and lot #2 3.6 ac.  This property is located at 1999 Nelson Hill Road and is in a Residential 2-Acre zoning district.  Michael Gosselin was present to explain the request.  The State has approved the septic design.  There was no testimony from interested parties.  Richard Del Favero made a motion to close the hearing on application 09-074 by Michael Gosselin.  Seconded by Dave LaBelle.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission deliberated on the Gosselin application.  Cynthia Adams made a motion to grant application 09-074 by Michael Gosselin, PIN #TRD22055E7T1, for final plat approval for a two lot subdivision as submitted with the condition that a mylar of the approved subdivision be filed with the Derby Town Clerk within 180 days of this decision (see attached written decision).  Seconded by Richard Del Favero.  Approved by a unanimous decision.

The Commission deliberated on the Abbott application.  It was decided that they needed more information.  Dave LaBelle made a motion to reopen the hearing for application 09-081 by Reginald Abbott.  Seconded by Cynthia Adams.  Approved by a unanimous decision.  It was decided to continue the hearing on August 31, 2009 and it was understood that the owner and abutters will have to be notified.  It was also understood that the clock has started on their 45 days to make a decision.  The Commission would like the following information from the applicant: 1) Actual location of the walkway in front of the building, 2) proposed landscaping between the walkway and the building, 3) how the walkway will be accessed from to the parking lot, 4) design of the entrance into the building on the side facing the Community Bank, including how this affects parking, and 5) information on how deliveries will be made.  The Commission would also like the Zoning Administrator to check on handicap parking requirements.

The Commission decided not to work on the Town Plan tonight.

8:45 p.m.: Upon a motion by Dave LaBelle and seconded by Jim Bumps, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** July 20, 2009

MEMBERS PRESENT: Joe Profera, Richard Del Favero, Jim Bumps, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: None.

OTHERS PRESENT: John Stevens, John Vining, Ann Vining, Dean Palin, ZA Bob Kelley.

7:05 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (July 6) as written.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

Chair Joe Profera read the warning for application 09-069 by Ann Vining, PIN #TRD41007G3T, for conceptual and final plat review to split off a 4.42 acre lot from a 30+ acre parcel.  This property is located off Crawford Road and has a 50 ft wide Right Of Way access to Route 5 and is in a Commercial zoning district.  John Stevens was present to explain the request.  The Vinings will retain a 50 ft wide R.O.W. across the 4.42 ac lot.  Sole access to the 4.42 ac lot is via a 50 ft R.O.W. off of Route 5.  There was no testimony from interested parties.  Dave LaBelle made a motion to close the hearing on application 09-069 by Ann Vining.  Seconded by Richard Del Favero.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

After deliberating on the above application Cynthia Adams made a motion to grant site plan approval to application 09-069 by Ann Vining, PIN #TRD41007G3T, to split off a 4.42 acre lot from a 30+ acre parcel as submitted (see attached written decision).  Seconded by Dave LaBelle.  Approved by a unanimous decision.  The Derby bylaw does require that a Mylar be filed with the Town Clerk within 180 days.

The Commission reviewed a draft of a possible bylaw amendment to allow the Commission to require bonding to ensure that all improvements for a project are completed.  Their main concern was that paving, landscaping, lighting, etc gets completed.  They agreed with the following wording, but would like to get more info on the whole bonding process prior to warning a public hearing for this amendment.

The Planning Commission may require the landowner to file with the Town a performance bond, letter of credit, or other approved means of security, in order to ensure the proper installation of all improvements.  The amount, effective time period, the form, sufficiency, manner of execution, and surety of this security shall be to the Planning Commission’s Satisfaction.  The applicant shall pay within 30 day of billing for any costs incurred by the Town for outside expert review (legal council, engineer, etc) related to the required security.

The Commission discussed the upcoming Selectboard public hearings regarding road classification changes and road discontinuances.  It was a consensus of the Commission that they do not support the discontinuance or down grading of any public right of way.  There is no telling what the future will bring and it is easier to upgrade an existing right of way than it would be to recreate a new one.  In addition, the changing of a portion of the Upper Quarry Road to a legal trail is in direct conflict with the Town Plan, which states, “as lands to the north develops, Quarry Road should be connected with Darling Hill Road to improve safety via alternative access and lessen usage of Route 5.  With this connection, Quarry Road would perform a sufficiently higher order function as to be designated a collector”.  The Zoning Administrator was instructed to write a memo to the Selectboard outlining the Commission’s position on this.

The Commission begin what they hope is the final review of the Town Plan draft.  Their goal is to start at the beginning and systematically work thru section by section until they get to the end.  They value public input and have decided to schedule public input at the end of the meeting so that the public may make suggestions on the completed sections.  The following sections were reviewed and minor changes were approved: History of the Town of Derby; Introduction to the Plan; Community Profile; and General Goals and Objectives.  There was no public input on these sections.  The next time they will start review with the Protection of Environment and Rare and Irreplaceable Areas section and continue their systematic review.

8:50 p.m.: Upon a motion by Cynthia Adams and seconded by Jim Bumps, the meeting was adjourned.

The minutes were taken by Bob Kelley.

DERBY PLANNING COMMISSION ***MINUTES*** July 6, 2009

MEMBERS PRESENT: Joe Profera, Dave LaBelle, Cynthia Adams.

MEMBERS ABSENT: Richard Del Favero, Jim Bumps.

OTHERS PRESENT: Rodney Barrup, Tim Gustafson-Byrne, ZA Bob Kelley.

7:15 p.m.:  Chair Joe Profera called the meeting to order.  Dave LaBelle made a motion to approve the minutes to the last meeting (Jun 22) as written.  Seconded by Cynthia Adams.  Approved by a unanimous decision.

Tim Gustafson-Byrne had not arrived at the meeting yet so the Commission skipped to the next application.

Chair Joe Profera read the warning for application 09-058 by Rodney & Marilyn Barrup, PIN #TDR28006E4T, for a 78 ft by 43 ft storage building.  This property is located at 516 Lower Quarry Road and is in an Industrial zoning district.  This application was tabled from the June 22, 2009 meeting.  Rodney Barrup was present to explain the request.  There will be no power to the building, no lights and no change to the existing access.  There is a dedicated green strip in front of the building of at least 15 ft width.  There was no testimony from interested parties.  Dave LaBelle made a motion to close the hearing on application 09-058 by Rodney & Marilyn Barrup.  Seconded by Cynthia Adams.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

Chair Joe Profera read the warning for application 09-065 by Tim Gustafson-Byrne, PIN RT111004G5C, for site plan approval to add a second story to his existing commercial building for a 30 ft by 24 ft single bedroom apartment.  This property is located at 78 VT Rte 111 and is in a Village Residential/Multi-Family Derby Center zoning district.  Tim Gustafson-Byrne was present to explain the request.  He will be tearing down the garage portion of the building and rebuilding it with the apartment on the second floor.  There will be 2 exists for the apartment.  The exterior light in the rear will be motion sensor with 2 spotlights.  Six-foot tall cedar trees will be used for the proposed extension of the cedar hedge.  There are 3 parking spaces in the rear.  There was no testimony from interested parties.  Cynthia Adams made a motion to close the hearing on application 09-065 by Tim Gustafson-Byrne.  Seconded by Dave LaBelle.  Approved by a unanimous decision.  The applicant was informed that the Commission has 45 days to render a decision and they will be notified when a decision has been made.

The Commission deliberated on the closed applications.

Cynthia Adams mad a motion to grant site plan approval for application 09-058 by Rodney & Marilyn Barrup, PIN #TDR28006E4T, for a 78 ft by 43 ft storage building as submitted (see attached written decision).  Seconded by Dave LaBelle.  Approved by a unanimous decision.

Dave LaBelle mad a motion to grant site plan approval for application 09-065 by Tim Gustafson-Byrne, PIN RT111004G5C, to add a second story to his existing commercial building for a 30 ft by 24 ft single bedroom apartment as submitted with the condition that the proposed continuation of the cedar hedge must be install as per the site plan (see attached written decision).  Seconded by Cynthia Adams.  Approved by a unanimous decision.

The Commission decided not to work on the Town Plan tonight.

7:55 p.m.: Upon a motion by Dave LaBelle and seconded by Cynthia Adams, the meeting was adjourned.

The minutes were taken by Bob Kelley.

TOWN OF DERBY PLANNING COMMISSION

Site Plan Review

Findings of Fact, Conclusion of Law & Decision

July 6, 2009

OWNER: Tim Gustafson-Byrne

MEETING DATE: July 6, 2009

APPLICATION #: 09-065

This decision pertains to site plan approval for application 09-065 to add a 24 ft by 30 ft second floor addition to an existing commercial building for a one-bedroom apartment.