TOWN OF MANCHESTER, VERMONT
DEVELOPMENT REVIEW BOARD MINUTES
August 3, 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: James Sessions, Stan Stroup, Abigail Chaloux, Raj Patel, Bill Nupp, Ally Rotondo, Jaydeep Gandhi, Linda Benway, Frank Parent, Greg Sukiennik, Bill Drunsic, Stephen Drunsic, Sylvia Jolivette, Kyle Murphy, Eamon Mulligan, Howard Wilcox, Jay and Ellen Gerber (via Zoom), Luke Vanderberg (via Zoom), Dee Myrvang (via Zoom), Heather Newman (via Zoom), Joel Ario (via Zoom), Sam Johnson (via Zoom), Ann Zaia (via Zoom), Nicole Zaia (via Zoom), Mark Greenberg (via Zoom) Vivian Thomas (via Zoom), Kathy Zilka (via Zoom), Susan French (via Zoom).
Waker called the meeting to order at 7:40 p.m.
Minutes of the July 6, 2022, Meeting.
Ferrarin motioned to approve the minutes as drafted. Stewart 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.
Hurley displayed the landscape and lighting plans on screen. Waker administered the oath to Stephen Drunsic, Bill Drunsic, Frank Parent, Kyle Murphy, and Linda Benway. Hurley asked Waker to administer the oath to individual Zoom participants when they were called upon for testimony. B. Drunsic began a report of the July 20 site visit. Hurley began recording at 7:46 p.m. after working through technical difficulties. After a few minutes, the meeting room microphone was inadvertently turned off. After being alerted to this by E. Gerber, Hurley restored sound and B. Drunsic continued his report of the site visit. Watanabe asked whether trees along Main Street were proposed. B. Drunsic indicated that they were considered to buffer road noise from the hotel, but that the hotel would not be screened from the road, as it is on higher ground.
Hurley asked Waker to focus on the lighting and landscaping plans since those were not presented or discussed at the last meeting. Hurley had suggested adding trees along the entrance drive. Drunsic offered that flowering crabapples might make sense there. Stewart indicated that she liked the proposed planting schedule. Waker asked if there were further questions or comments on the landscaping plans.
Benway said she went up in the manlift at the site visit and confirmed that the views from the roof level will be great. She noted that with leaves on the trees now, her Casablanca property was not visible, but questioned whether that would remain true in the winter. She suggested a few strategic evergreen plantings in the banquet area to mitigate any noise and lighting effects on the Casablanca. B. Drunsic offered that the existing woody hedgerows will provide winter screening and that there are a few evergreens on the Casablanca site. Murphy explained that the hotel is not in a direct line of site to the Casablanca because of the grade change. B. Drunsic added that the conference center is angled in a direction that parallels Route 7A. Benway reiterated her request that if it becomes a problem it should be mitigated. B. Drunsic pointed out that the bylaws do not require total screening of a project.
B. Drunsic described the lighting plan. Waker asked whether the 16’ pole lights on the lower campus were needed. B. Drunsic said that it was an issue of a tradeoff between fewer taller lights or more lower profile lights. Stewart noted that a number of the SA series lights are shown to be 4000K color temperature. These will need to be changed to 3000K maximum color temperature options. Stewart also noted a discrepancy between the key and the plans. The SA4 and SA6 shown in the key are not located on the plans.
B. Drunsic confirmed that municipal service would provide water supply and fire protection. Emge indicated that he wants to see a paved walkway to facilitate access to the site for all modes of transportation. He agreed with neighbors that a sound study for a project of this scope is appropriate. He expressed concern that the design does not fit with the streetscape and is out of character for the area. He also said he was hesitant to approve a hotel to be constructed if we don’t know there is a market for additional hotel rooms in Manchester. Hurley responded that it was not in the DRB’s purview to deny approval on the grounds that there may be inadequate market for the product. Rather, that is a risk that a developer takes when proposing a project.
Ferrarin asked whether the restaurant would be open to the public. S. Drunsic confirmed that hotel guests would be the priority, but that a customer could walk in off the street and get a table if there is room. S. Drunsic noted that he supports the idea of a crosswalk at the site and B. Drunsic noted that he supports all modes of transportation. B. Drunsic said he would need cooperation from the town to provide sidewalk.
Waker administered the oath to Sylvia Jolivette, who expressed concern about large projects such as this detracting from the character of the town. She cautioned against sidewalks on both sides of the street because it would make Manchester look like a city. Benway argued in the winter when leaves are off the trees, noise will travel further. She conjectured that although the sound demonstration at the site visit did not reveal measurable levels at the Moon Ridge property above, or at her house at 5927 Main Street (other than some just audible bass and the manlift motor), under different conditions this might not be the case. S. Drunsic pointed out that when the leaves are off the trees it is unlikely that there will be outdoor noise generating events.
Benway also expressed concerns about traffic safety with increased traffic due to the hotel along this stretch of Main Street with a 45 mph speed limit. Benway said she has seen near misses on Main Street and this hotel will increase such dangers. She suggested a wider curbcut to allow drivers to get off Main Street quickly. Waker explained that the Selectboard should be approached about requesting a speed limit reduction for this section of Main Street. Benway suggested 35 mph as an appropriate speed limit.
Waker administered the oath to J. Gerber who pointed out that the ordinance gives the DRB the authority to require a sound study. He suggested a boom box test is an inadequate substitute for a sound study. Gerber said he is not opposed to the development, but does have concerns about noise. He said that his understanding is that construction is allowed from 7:00 a.m. to 7:00 p.m. He felt this to be inordinate and asked that the DRB reduce this to a reasonable work day. Waker administered the oath to Dee Myrvang. She echoed Gerber’s comments and said that a project of this scope and length of construction should produce a noise study. She reported that she spoke with the Act 250 coordinator and got some recommendations as to who can provide such a study for the project. Waker administered the oath to Heather Newman, who echoed her neighbors concerns saying that the project warrants a sound study. She pointed out that noise would come from more than just outdoor music, and would include sound generated by congregated people talking, car doors, and construction. Waker administered the oath to Joel Ario, who also seconded the recommendation for a sound study.
Ferrarin asked if the applicant was willing to manage mowing to lessen impacts on bobolinks and other wildlife. S. Drunsic confirmed that he was willing to research this and try to implement management that was sensitive to such wildlife. Watanabe asked whether the curbcut should be made wider as Benway suggested. Parent said that the width reflects a standard commercial curbcut. Hurley added that we want to encourage drivers to slow down and widening the curbcut would not be advisable. Jolivette encouraged consideration of snow plowing and snow storage. B. Drunsic assured her that this was considered.
Watanabe motioned to close the hearing. Ferrarin seconded the motion. The motion carried 4-1-0, with Emge voting in the negative.
Stanley Stroup, 317 & 325 Silver Springs Lane, Final Plat Hearing for Planned Residential Development with five lots, including one to serve as a garden open to the public, two house lots, and two associated preservation lots. Application 2022-05-051, Tax Map ID 07-01-06.00.
Waker administered the oath to Eamon Mulligan and Stan Stroup. Hurley displayed the proposed subdivision plat on screen. Mulligan described dividing the 51+ acres into 5 lots: 1A to contain an existing 1-bedroom guest house and barn on 24+ acres, 2A to contain 11+ reserve acres, 1B and 2B each to contain an existing house, and Lot 3 to contain art exhibits, walking trails through woods, and gardens open to the public. Because not all of the lots meet the minimum lot size for the RA district, Mulligan explained that the proposed configuration requires PRD review with recognized preservation areas.
Waker asked about the septic systems. Mulligan outlined the three existing systems for the three existing residential structures. He explained that deeds for Lot 2B and Lot 3 would reflect an easement for the septic system that extend onto Lot 3 for the benefit of Lot 2B. Waker asked about water supply for the proposed lots. Mulligan outlined existing well locations. Waker asked whether all existing driveways would be retained. Mulligan confirmed that existing looped driveways for Lots 1B and 2B, as well as the parking area on Lot 2A would be retained.
Stroup indicated that the third driveway on Lot 2B functioned as a service road for the gardens and woods on Lot 3. Board members noted that the deeds would need to reflect an easement for this as well as for the parking lot on Lot 2A for the benefit of Lot 3. Stroup confirmed that the garden lot would be available for non-profit parties or fundraisers. Mulligan confirmed that he had received the staff comments and has accomplished revisions accordingly. Jolivette asked where the gardens were and when she could see them. Stroup said that they were beyond the Wilcox farm and they open at 10:00 a.m.
Wilcox asked Stroup whether he felt he had adequate parking. Stroup replied that he scheduled visitors so that there were no more than 8 cars parked at a time. Stewart asked what the public garden hours were. Stroup replied that they were daylight hours, 10-4, June through September.
Ferrarin motioned to close the hearing. Emge seconded the motion. The motion carried 5-0-0.
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.
Hurley displayed the site plan on screen. Waker administered the oath to Johnson, who explained that he has been unable to effectively engage the Shaw’s landowner on the matter of allowing his patio extension. Therefore, he said he would bring the patio back to the property line. He also explained that he would like to replace the front door with a glass storefront door, which would reveal the pizza oven. Instead of maintaining umbrellas, which do not hold up well due to wind, he said he would like to install a red rectangular shade sail. Hurley displayed the proposed shade sail and color choices on screen. Johnson described how and where he would install the shade sail.
Waker asked if Johnson planned to address noncompliant lighting on the site. Johnson confirmed that he would do so. Waker asked if the shade sail should go back to the Design Advisory Committee. Commissioners generally did not think so. Hurley agreed saying that if it meant removal of all the umbrellas, it would declutter the site. She added that Johnson still will require a waiver for the patio with zero setback. Jolivette asked if the sail would remain up year-round. Johnson confirmed it would be removed in the winter. He indicated that business will remain outdoors indefinitely.
Emge motioned to close the hearing. Stewart seconded the motion. The motion carried 5-0-0.
Jai Mataji, LLC, 1778, 1780 & 1782 Depot Street, Change of use of the Chalet Annex to residential under the Adaptive Reuse provision. Application 2022-07-074, Tax Map ID 39-50-81.00.
Waker administered the oath to Abigail Chaloux, Eamon Mulligan, and Jaydeep Gandhi. Hurley displayed the site plan on screen. Chaloux described the plan to convert the 31 units at Chalet Annex from lodging use to residential use during the winter months to house employees of Stratton Mountain Resort.
Emge motioned to extend the meeting to 10:00 p.m. Watanabe seconded the motion. The motion carried 5-0-0.
Waker administered the oath to Sylvia Jolivette. Jolivette expressed opposition to approving this Adaptive Reuse if the units would not be available for year-round workforce housing. Watanabe asked if this would involve a single lease to Stratton Mountain Resort for the winter residential use. Gandhi confirmed that it would. Watanabe asked how a problem tenant would be addressed. Gandhi noted that there is a Stratton staffer that would address problems and noted there were no problems last winter. He confirmed that buses serviced the site in three morning rounds and 3 afternoon rounds.
Waker administered the oath to Ann Zaia. A. Zaia disagreed that there were no noise complaints. She reported being disturbed by loud music, barking dogs, and people yelling. Hurley asked if this was during the winter. A. Zaia confirmed it was in the summer. Gandhi said that he would no longer be housing people in the summer months through the state emergency housing program. A. Zaia also expressed concerns about the septic system. She said she would like to see the calculations that show the system will be adequate to support the use. She said she would also like more information on the type, height, and hours of exterior lighting on the site.
A. Zaia asked how the winter residency would be confirmed. Gandhi confirmed it would be a contractual exclusive arrangement. A. Zaia agreed with Jolivette that if converted, the use should be residential year-round. She questioned whether it could be approved under the adaptive reuse provision if the use were to be residential only 6 months of the year and questioned again how the use would be verified. A. Zaia argued that summer noise requires mitigation. Gandhi confirmed that there are pet-friendly rooms in the 300 Series building. Hurley pointed out that the Stratton employees would not have dogs. Gandhi also described how noise and other complaints are dealt with by motel staff as soon as they are made aware. A. Zaia insisted that preventative mitigation is needed.
Waker administered the oath to Nicole Zaia. She also reported issues with loose dogs on her property from guests of the motel, characterizing this as a safety issue for her and her small dogs. She suggested a fence or other protective barrier be required. Gandhi indicated that he and his staff inform all guests with pets that they must be leashed, but that he would consider a fence.
Stewart motioned to close the hearing. Watanabe seconded the motion. The motion carried 5-0-0.
Mark Greenberg, 557& 575 Depot Street, Change of use and site and design plan review with waiver request. Application 2022-03-020.2, Tax Map ID 37-50-33.00.
Waker administered the oath to Mark Greenberg and Frank Parent. Hurley displayed the site plan on screen. Greenberg described the uses and need for a site plan approval as a condition of recent use permits. He described improvements that have been made to the property and the plans for additional improvements. He indicated he would like to add a coffee house use. Parent described the proposed site plan, characterizing it as essentially unchanged from the current situation. He said the biggest change involved adding concrete tire stops along the Highland Avenue parking spaces and narrowing the curbcut to a standard commercial width. He described the proposed new waste enclosure and explained circulation for fuel truck deliveries.
Waker noted that a guy wire at the northwest corner of the site extends into this drive area, and powerlines to the Zoey’s Deli building may interfere with dumpster pickup if the enclosure is co-located under these lines. Parent said that the enclosure could be relocated in a swap with a couple of parking spaces. Parent also noted that the hazardous waste containers that Waker identified as behind the building on the site. Waker said he would like to conduct a site visit and there are a number of questions that should be answered prior to concluding the DRB review. Are there floor drains, will car washing and detailing occur. How is used motor oil going to be managed? How would any scrap metal be managed? How would a car washing use be accommodated?
Hurley noted that a coffee roaster selling dry roasted coffee beans is different from a café serving coffee on premises with a number of seats. She said either use is allowed, but the parameters need to be defined for the permit. Greenberg said he would inquire what the coffee roaster would like and keep Parent in the loop. Watanabe asked if the Firefly was on the same site. Parent confirmed that the Firefly is on the subject property. The DRB scheduled a site visit for Wednesday August 17, 2022, at 9:00 a.m.
Stewart motioned to continue the hearing to September 7, 2022. Ferrarin seconded the motion. The motion carried 5-0-0.
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 at 9:59 p.m. Hurley stopped recording and the meeting ended at 10:00 p.m. according to the rules. The next meeting of the board is scheduled for September 7, 2022.
___________________________________________ _____________________________
For the Development Review Board Date