TOWN OF MANCHESTER, VERMONT
DESIGN REVIEW BOARD MINUTES
July 6, 2022
KILBURN MEETING ROOM
Board Attendees: Tim Waker, John Watanabe, Ray Ferrarin, Cathy Stewart, Kyle Emge.
Staff Attendees: Planning & Zoning Director Janet Hurley.
Public Attendees: Jonathan Newman (via Zoom), Joe Romano, Scott Alers, Terry Mullen, James Session, Michael McClain, Adrianna Zhan, Luke Vanderberg, Kirk Moore, Chris Ponessi, Frank Parent, Stephen Drunsic, Bill Drunsic, Kyle Murphy (via Zoom), Dee Myrvang, Gertrude D’eredita, Sam Johnson, Denise Scheps, Bruce Bailey (via Zoom), Diane Leavitt (via Zoom), Seth Bongartz (via Zoom), Linda Benway (via Zoom), Carol Dupont (via Zoom).
Hurley began recording on an iPhone, as the Zoom record function was not operational for her. Waker called the meeting to order at 7:38 p.m.
Annual Organizational Matters.
Watanabe nominated Tim Waker to continue to serve as Chair. Stewart seconded the nomination. Tim Waker was elected Chair, 5-0-0.
Ferrarin nominated John Watanabe to serve as Vice Chair. Waker seconded the nomination. John Watanabe was elected Vice Chair, 5-0-0.
Stewart nominated Ray Ferrarin to serve as Secretary. Watanabe seconded the motion. Ray Ferrarin was elected Secretary, 5-0-0.
Watanabe motioned to adopt the Rules of Procedure as drafted. Ferrarin seconded the motion. The motion carried, 5-0-0.
Minutes of the May 4, 2022, Meeting.
Ferrarin motioned to approve the minutes as drafted. Watanabe seconded the motion. The motion carried 5-0-0.
Shaw’s, 64 Equinox Terrace, Waiver request for wall sign. Application 2022-06-057, Tax Map ID 36-50-39.00.
[Technical problems prevented display on the large screen in the Kilburn Room, although at-home participants could see the shared screen.] Waker administered the oath to Bruce Bailey and Diane Leavitt. Hurley asked Zoom participants to mute themselves unless speaking. Bailey explained the existing halo lit “DUG” sign is proposed to be replaced by a new halo lit “Shaw’s” sign. He explained that without the apostrophe, the letters result in a sign that is just below the maximum 40 sq. ft. If the apostrophe is included, the sign measures over 80 sq. ft. Addressing the waiver criteria, he said the sign would not change the character of the area or effect public health and safety. He argued that due to the numbers of transients, the larger signage will be beneficial, as not all travelers know what Shaw’s is. He explained that the requested waiver allows measurement by perimetering the letters and adding the measured perimeter of the apostrophe. He reported that the design review judged the proposed sign as a best fit for the overall size of the building.
Bailey confirmed that for mitigation he is sure that Shaw’s would agree to have him refresh the free-standing sign. Waker asked about refreshing fencing on the west sign of the parking lot. Bailey indicated that he had worked with Shaw’s for decades and is sure they would upgrade or repair the fence. Waker asked about landscaping in the parking lot. Hurley added that the landscaping under the freestanding sign is dying as well. Bailey indicated that he is sure Shaw’s would react favorably to the requests to make improvements. Hurley asked Bailey to describe the lighting. Bailey indicated it consists of GE LED lighting within the letter that washes back against the wall. It illuminates the perimeter of the letter and the face actually darkens. Bailey indicated that the existing “DUG” sign is halo lit.
Ferrarin asked about the drive up and go parking relative to the “DUG” signage. Leavitt and Hurley explained that there are dedicated parking spaces already demarcated in the center of lot. Waker asked for any further questions. There were none.
Stewart motioned to close the hearing. Ferrarin seconded the motion. The motion carried 5-0-0. Waker explained that the board would have a decision within 45 days.
Roundhouse Bar & Grill, 2282 Depot Street, Conditional use, site and design plan review for 180 seat restaurant and nightclub. Application 2022-04-039.1, Tax Map ID 19-20-19.00.
Waker reported that he is doing plumbing work for the applicant but has not spoken about any of the development plans. Hurley asked if anyone objected to Waker serving on the DRB for this hearing. No one objected. Waker administered the oath to Chris Ponessi, Kirk Moore, Scott Alers, Terry Mullen, and Seth Bongartz.
Moore shared plans that were revised in response the staff review, and gave an overview of what the project aims to accomplish, including site improvements with no major changes to the existing building. Waker and Hurley noted that someone may be living at the site. Hurley explained that is allowable, either temporarily or permanently, but if to be a permanent arrangement, it should be part of this application and review. Mullen confirmed that the offices upstairs were converted to allow the owners to stay there while they are working on the site. He said that they would like to maintain an apartment there. Alers confirmed that it would be a two-bedroom apartment. Ponessi indicated that the water and wastewater permitting would need to be amended accordingly.
Moore continued by describing site improvements, including reconfiguring and paving the parking lot, reducing the amount of impervious cover. This will make way for yard games and a beer garden with bandstand and new landscaping throughout the site. He characterized the plans as providing significant aesthetic improvements on the site. He described the work at the rear of the building that encroaches on the water resources setback requiring conditional use review. The amount of gravel parking that is in the setback today and the proposed resurfacing within the setback are equivalent.
Moore indicated that some of the proposed trees have been changed to conifers and additional lower form landscaping has been added in response to staff comments. Handicapped parking signage is also clarified on revised plans he said. Waker asked Moore to address the staff comments in order. Moore explained that deliveries will occur almost entirely from box trucks in off-hours. He said these trucks will pull into the parking lot then back up to the rear of the building. Emge asked about the Applicant’s plans for shuttling customers. Mullen reported that they looked into owning and running a shuttle, but will likely settle instead on shuttle and car services. Emge asked where the access and loading area will be for such service. Moore surmised that there will likely be a mostly empty parking lot late at night, and customers could be picked up right at the front.
Moore indicated that there is flush curbing at the handicapped spaces, and he confirmed that the parking lot will be asphalt paved surface with striping. He indicated that three bike racks have been added to the plans adjacent to the front entrance. Moore indicated that the lighting was changed to 2700K (from 3000K) color temperature and the string lights now proposed are shielded. Moore argued against proving a photometric analysis because he doesn’t think there is any chance of light trespass. He confirmed that there are 16 pole lights around the parking lot quite a distance from the property lines. Hurley confirmed that the DRB had the specifications for the proposed lighting.
Moore pointed out that six evergreens were added on both sides of the driveway and the pin cherries were changed to white cedar along the westerly property line. Moore confirmed a dumpster enclosure at the rear has been revised to provide wooden gates per DAC recommendation and it is situated on a concrete pad. Ponessi described the stormwater plan, including perimeter swales allowing infiltration at the rear and discharge to the river for heavier flows. He indicated that check dams and appropriate erosion control measures would be installed during construction.
Moore confirmed that the propane tanks are underground and there are existing boulders in place to protect them. Water service plans have been submitted to the town engineer, and Ponessi will amend them to account for the apartment. Ponessi described the sprinkler system plans. Ponessi explained that state permitting is contingent on town water connection, and that the existing septic system will be expanded to accommodate 180 seats. He reported that he is working with state permitting staff and will add the two-bedroom apartment to the application.
Waker asked the Applicant to address conditional use criteria. Moore indicated that regarding the water resources setback, it is at the rear of the property and has little impact on the surrounding area. Hurley interjected that she determined that the proposed use involves more than just restaurant use with outdoor activities including live and recorded performance with outside bandstand, and to some degree this is a continuation of an existing nonconforming use requiring conditional use review. She asked the Applicant to address character of the area with regard to the use. Moore liked the use to Haig’s and the Microbrewery.
Mullen said that outdoor music would end at sundown. He said he has been working with Northshire Networks and building mounted speakers at the beer garden are to be set at 75 decibels. He added that outdoor music would not be occurring after 9:00 pm and even inside the building the late hours service is aimed for providing a relaxing environment for workers in the area hospitality industry. Mullen explained that the bandstand is angled toward the building. Moore added that it has a back wall. Bongartz confirmed that he could hear this discussion via his Zoom connection. Alers reported that they chose only two speakers for the beer garden set lower than the indoor speaker because “we want to be a fun place, we don’t want to be a pain in the neck to anybody.” Moore added that this aims to be a family place during the day.
Mullen indicated that the string lights are for safety as the sun goes down and people exit the yard game area. Mullen confirmed that the operating hours would be 11:00 a.m. to 2:00 a.m. He reported that the current permit is only for five days per week. Moore indicated this proposal is for seven days per week. Alers guessed that there may be nights that they close early if there is not consistent customer flow. Waker noted that the curb cut would be narrowed.
Ferrarin asked the Applicant to address renewable energy use. The Applicant indicated none was planned for the site at this time. Emge said he would like to see pedestrian access improvements on the site, including clearly demarcated and uninterrupted access from the street to the front of the building. He suggested guests of neighboring motels might walk over. Ponessi warned that encouraging pedestrians to use the highway could be more dangerous than providing such access. He suggested this is a different situation than in the downtown where sidewalks are in place. Hurley noted that more and more people have been walking along the road in this area, but that she agrees with Ponessi that it is not safe to encourage pedestrian use of the highway. Ponessi indicated that this is a state controlled stretch of highway and the state would have jurisdiction.
Mullen offered that he thinks that they are providing ample room at the front of the building for people to be dropped off and picked up. Hurley characterized Emge as requesting that the site plan show an area intended for the pickup and drop off of customers, perhaps reserving a front parking spot for this. Alers said he liked the idea of demarcating two or three spots for pick up and drop off. Moore agreed and said it could be for nighttime use this way.
Waker asked for questions from the audience. Bongartz offered that when The Roundhouse and Alfie’s operated on the site he could hear music till two in the morning and it was sometimes overwhelming. He asked what would happen when there was a live band with their own amps. Mullen said they will require bands not exceed the 75 dB limit. Bongartz indicated that when he directed Hildene, it was a constant battle to keep bands from increasing the volume. Bongartz indicated that the plan to stop music at nightfall is a big help. Alers and Mullen assured that they would be present every night and they would put a stop to it. Moore suggested that a decibel meter could be acquired. Alers added that the outdoor performers would largely be acoustic.
Bongartz asked how volume would be controlled indoors. Mullen said the sound level would be higher inside, but would be controlled the same way. Bongartz appreciated the Applicants responses. Waker asked Bongartz whether there were many problems when the Eagles operated at the site. Bongartz said there were not. Waker suggested that heavy bass can be a problem. He added that when it was the Eagles club, an inside band was not very noticeable from the outside. Bongartz agreed. Hurley suggested that the Applicants should assure that the bass not be set too high. Moore pointed out that Bongartz dealt with weddings at Hildene, whereas Mullen and Alers can just give a band the boot. Mullen added that they are looking to provide a Jimmy Buffet and Grateful Dead kind of atmosphere.
McClain said he operated the Toll Road Inn next door and had similar concerns which have largely be answered, but he worried about the looseness of some of these terms, such as “sunset.” He hopes for a definition by time. Mullen said he would have no problem putting these terms in writing. McClain would like to be able to tell his guests when it ends. Hurley suggested sunset and never beyond 9:00. Mullen agreed to that. McClain asked what the live music plan is, how many days a week, and starting at what time. Mullen said it would probably be 3:00 in the afternoon to 7:00 or 8:00 and once or twice per week outdoors. Mullen recognized McClain as his closet neighbor with kids.
McClain said he thinks the business will be a good thing for his guests. He asked whether there is a cutoff time for the beer garden. Mullen says he is not anticipating people being out there beyond 9:00. They will pull things in at sundown. He confirmed that the beer garden is slated for 60 seats and will serve food and drink there within a fence. Moore added that it is also landscaped. McClain asked the reason for it being called a nightclub. Hurley explained that it was the closest definition in the zoning ordinance to some of what was proposed here. McClain expressed some concern about the drainage between the two properties. Ponessi indicated that the flows should be reduced, not increased in this area, and he offered to look at appropriate additional improvements. Alers agreed to work with McClain to assure that they were not encroaching on McClain’s property or causing problems.
Benway offered that she operates Catamount Tours, which provides narrated tours and shuttle service. In her experience there are few wedding parties or other groups that want to shut down at 9:00 p.m. Looking at the site plan, she does not see that it would be convenient or safe for her 14-passenger shuttle to respond to a call to take a party from the site back to its hotel. Hurley suggested that the Applicant invite Benway to try a dry run on the site. Benway said she avoids situations that require backing up in unsafe situations. Waker asked for any further questions. There were none. Hurley explained that it is up to the board to decide whether there is enough information to close a hearing and make a conditioned decision.
Watanabe motioned to close the hearing. Ferrarin seconded the motion. The motion carried 5-0-0.
Orchid, LLC, 5940 Main Street, Site and design plan review for redesigned hotel and spa with event space. Application 2018-07-062.2, Tax Map ID 16-20-30.00.
Waker administered the oath to Stephen Drunsic, Bill Drunsic, Kyle Murphy, Jonathan Newman, Dee Myrvang, Joe Romano, Linda Benway, Denise Scheps, Luke Vanderberg, Adreanna Zahn, and Gertrude D’eredita.
S. Drunsic indicated that this is a property with an existing permit for an 80-room hotel and the current redesign is intended to reduce overall impacts and improve design. Murphy described design improvements in detail, including situating the hotel in line with contours and having a resulting shape that provides maximal experience and views while containing sound and light on the site to minimize environmental impacts and remain sensitive to neighbors. S. Drunsic shared a comparison of the previously approved project and the currently proposed redesign.
Waker asked for the Applicant to address staff comments. Murphy described the parking plan, redesigned to flow with the overall gesture of the hotel on the site, and to be heavily shielded by vegetation. Parent shared that the overall number of 155 spaces was determined by conducting a shared use analysis with real world data, similar to the shared parking table in the ordinance. Because of site grading 162 spaces were provided. Parent said the lower field where the previously approved septic system was to be is available for overflow parking and could accommodate as many cars as could possibly be needed. Parent confirmed that people would be shuttled to the hotel above from this overflow parking. He described a smaller area for overflow parking adjacent to the paved parking that could be used for smaller overflow needs.
B. Drunsic confirmed that bike racks will be installed at the main entrance and at the lower parking lot. There was a discussion of proposed pedestrian features. Emge encouraged pedestrian improvements, including a paved sidewalk along the full length of the access driveway, and a crosswalk to cross Main Street. Hurley explained that the state has jurisdiction over Main Street here and would probably not approve a crosswalk. There was some confusion about which version of the plans displayed the current pedestrian pathway plan. S. Drunsic said if a crosswalk were approved, the Applicant would definitely extend a walkway to the crosswalk. B. Drunsic said they will not encourage pedestrians crossing Main Street, rather they would encourage them to stay on the property. Waker said that until the town wants sidewalk on both sides of the street, he thinks having a crosswalk is a moot point.
Murphy reported that the lighting plan is in progress, but all lighting is LED downlighting no more than 3000K color temperature. He said landscaping plans are also in progress. Parent described the proposed stormwater management features and confirmed that a state stormwater permit will be secured for the project. Murphy described the trash enclosure area located in the most concealed location on the building. Hurley directed attention to the detailed illustration in the plans. B. Drunsic pointed out that it accommodates three large containers in a fully enclosed area with truck access. Murphy indicated it is also somewhat below grade.
Parent described water and sewer connection plans, and indicated that town and state permit processes are in process. B. Drunsic indicated that a pressure boosting tank will be needed on site to accommodate the sprinkler system. Parent added that it will be a buried tank. Parent indicated that the generators will be located further from the edge of the parking lot and three pairs of 1000 gallon tanks for three separate boiler rooms.
Hurley displayed Sheet A2.01 while sound issues were discussed. Murphy explained that the overall footprint orients sound down the valley rather than behind, and spaces of concern are the common spaces in the hotel and outdoor site indicated in yellow. These area all contained within the footprint and are buffered by interior walls. The covered drop off area provides further buffering, as will landscaping. S. Drunsic confirmed that amplified music would be fully enclosed in the banquet space, although there may be limited amplified music in outdoor areas such as the pool patio. He pointed out that the prior approved plans included rooftop patio and bar. Parent reported an exercise that assumed a medium loud band on the outdoor patio space and general noise from the pool and calculated what decibel levels would result at neighboring properties. The analysis did not take the proposed building and surrounding site work into account. He will provide this to Hurley.
Stewart motioned to extend the meeting to 10:00 p.m. Watanabe seconded the motion. The motion carried 5-0-0.
Newman expressed concerns about noise and light effects on Moonridge properties. He asked what is the plan to assure that noise ill not be a problem. Murphy reiterated that the parking would be heavily landscaped with trees and the inherent design of the building will direct sound away from Moonridge. Waker suggested a sound demonstration during a site visit. S. Drunsic cautioned that right now there is only an open field so such an exercise would not reflect the conditions of the proposed development which is designed to protect and muffle sound.
Newman asked about lower profile lighting and downlighting. Hurley explained that downlighting is required. Murphy said that the area down by the barn is where the lights will be lower profile. Newman asked whether any of the proposed development will encroach up the hill. S. Drunsic confirmed that no trees are to be removed. In fact, he described a potential orchard to be planted. Parent clarified that the reference to the addition of a lone tree was the result of a court decision regarding the previous proposed application.
Myrvang indicated that she submitted written comments and appreciates the consideration the new design gives to sound mitigation. She argued that an application for project of this scope should include a sound study. Dupont indicated she was the party that requested the lone tree. She urged everyone to understand that this area is identified as one of the most important aquifers in the state. Vanderberg asked about the cabins depicted on the plans. S. Drunsic confirmed these were not being pursued.
Emge asked whether the plans included any renewable energy sources. Parent said that there are no plans currently, but the Act 250 stretch code may require some use and there is room for some solar panels. B. Drunsic confirmed that the building will not be net zero. Emge asked whether offsite solar was being explored. S. Drunsic said that none was being considered currently.
Stewart motioned to continue the hearing. Hurley indicated that the next meeting is the first Wednesday in August. Ferrarin seconded the motion. The motion carried 5-0-0.
Hurley proposed a site visit in two weeks. This was generally agreed as a good date. She asked that the details be worked out prior and anyone interested in attending to should email her, Janet Hurley, for those details.
Sam’s Wood Fired Pizza Co., 4478 & 4460 Main Street, Site and design plan review for redesigned exterior restaurant operations, with waiver request. Application 2021-03-022.1, Tax Map ID 36-50-38.00.
Waker administered the Oath to Johnson and Parent. Hurley interjected to explain that she and Johnson located a boundary survey of the Shaw’s property earlier in the day that confirms Johnson’s plan extends onto the Shaw’s property. Parent confirmed that he used that survey as a basis for the site plan.
Johnson confirmed that he is working with the Town Manager to reallocate all 40 of his seats to outdoor. His business has grown to the extent that he needs all the interior space for food preparation. Johnson reported that he is working at trying to communicate with the Shaw’s landowner. Johnson confirmed that he does want to pursue pedestrian access from the Shaw’s parking lot via a stairwell. He is also working with the state fire marshal about required ADA standards.
Johnson said he will not be pursuing the previously approved second freestanding sign, flood lights will be removed, and the string lights have all been tucked under the eaves. He is exploring adding landscaping at the top of the retaining wall to prevent falling into the parking lot from the patio. He confirmed that he will need an agreement with the Shaw’s landowner to pursue all this. The steps would probably be fitted with and handrail. Johnson confirmed that the canopy rafters are being painted per DAC recommendation.
Watanabe motioned to continue the hearing. Stewart seconded the motion. The motion carried 5-0-0.
Johnson said he would be in Denver for the next meeting. Hurley reminded him that he could zoom in.
Other Business.
No other business was indicated.
Ferrarin motioned to go into closed deliberative session. Watanabe seconded the motion. The motion carried 5-0-0.
The meeting ended at 10:00 p.m. according to the rules. The next meeting of the board is scheduled for August 3, 2022.
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For the Development Review Board Date