TOWN OF MANCHESTER, VERMONT
DEVELOPMENT REVIEW BOARD MINUTES
September 7, 2022
KILBURN MEETING ROOM
Board Attendees: Tim Waker, John Watanabe, Ray Ferrarin, Kyle Emge. Absent: Cathy Stewart.
Staff Attendees: Planning & Zoning Director Janet Hurley.
Public Attendees: Frank Parent, Greg Sukiennik, Sylvia Jolivette, Eric Levy, Mark Greenberg, Lu & Pete Wythe, Vallis Goodermote, Andy Comeau, Annick Gavillet, Joelle Greenland (via Zoom), Vivian Thomas (via Zoom), Susan French (via Zoom), Adam Dworkin (via Zoom), Lisa Gaiotti (via Zoom), Greg Harrington (via Zoom), Kristen Crowell & Ryan Porter (via Zoom).
Waker called the meeting to order at 7:31 p.m.
Minutes of the August 3, 2022, Meeting.
Ferrarin motioned to approve the minutes as drafted. Watanabe seconded the motion. The motion carried 4-0-0.
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 Frank Parent Eric Levy, Susan French, and Mark Greenberg. Hurley displayed the latest revised site plan on screen. Parent described the changes made after the August 17, 2022, site visit. He noted that the coffee roasters have dropped out, and the convenience store will be expanded to occupy that space. He described the plan to add more landscape beds and to repair and expand the landscape box in front of the Firefly. He said he removed the parking space located under the hood vent and a plan to address the grease accumulation will be provided. Parent described the new location of the proposed dumpster enclosure and noted that lighting will be brought to current standards.
Parent acknowledged that a landscaping plan has not yet been prepared, but he asked whether the DRB would consider providing one as a condition of approval. He questioned whether a retaining wall would be the correct solution for the dumpster enclosure adjacent to The Glass Shop foundation. Parent then asked for input on how pedestrian connections should be indicated on the plan. Emge offered that these could be painted on the pavement and a direct connection between the public sidewalk and the Firefly front porch entrance could be provided. He described painted or stamped crosswalks on the Price Chopper site.
Parent confirmed a recalculated lot coverage of 91%. He noted that there are a few extra parking spaces that could be used for snow storage in the northwest corner of the site. Waker questioned Parent about how the pad for the dumpster enclosure would be designed. Parent indicated that the best approach would be to leave grades exactly as they are and pave a small apron at the front of the enclosure. Waker asked Parent to explain the truck circulation depictions. Parent explained that his software can only depict a 90 degree turn, but truck drivers will be able to continue turning past 90 degrees and there is room for a truck to pull around the back of the building at 557 and back up toward Highland avenue before turn toward Depot Street and pulling out onto Depot from the same curb cut from which it entered the site.
Hurley and Waker noted that the guy wire is still not indicated on the plan. There was discussion about how garbage pickup would occur from this new enclosure. Parent concluded that the row of parking at the west side of the site could be shifted southerly to add greenspace to protect the guy wire. Waker asked Parent about pavement repair. Parent suggested the pavement would need grinding and that it would not happen this season. Levy confirmed that the hazardous waste barrels would be relocated inside and that the floor drain would be sealed with cement. He described the snow removal plan and the wet and dry weather gas spill plan. He explained there is an emergency stop at all pumps and confirmed that the spill kits are readily accessible at the pumps. Parent indicated that the Applicant would secure confirmation of adequate water and wastewater allocation from the town manager.
Emge motioned to continue the hearing until October 5, 2022. Ferrarin seconded the motion. The motion carried 4-0-0.
High Ridge Plaza, 4645, 4697 & 4709 Main Street, Change of use and site and design plan amendments. Application 2021-10-105.1, Tax Map ID 31-50-35.02 & 31-50-37.00.
Waker administered the oath to Adam Dworkin. Hurley displayed the latest revised site plan. Dworkin explained that existing mature cedars and yew are overgrown and encroaching on the 4709 Main Street building and parking lot. He would like to remove and replace with new smaller plantings that would provide year round screening of the parking. He would like to include hydrangea plantings as well. On the 4645 site, he would like to abandon the plan to install fencing along the Hillvale property line. He confirmed there are still arborvitae plantings to be accomplished in the embankment behind the building.
He explained that a future parking lot expansion is not proposed at this time, but he is currently collecting quotes for paving and striping to be accomplished this season. Ferrarin asked about the shed location because the site plan shows it in a different location than it is. Hurley explained that the shed is in the approved location but the site plan was not updated to reflect the approved location. Dworkin answered questions about the waste enclosures. He explained that the dumpster is now located on the southerly pad depicted on the site plan and an enclosure will be constructed soon.
Dworkin explained that above Mattress Firm, there were previously offices and one apartment. Now there are two apartments. He confirmed it is a fully sprinklered building and that he would get water and wastewater allocation confirmation from the town manager. There was a discussion about parking. Hurley noted that there is parking across three sites, including the Battenkill Plaza site and the Hampton Inn site.
Watanabe motioned to close the hearing. Emge seconded the motion. The motion carried 4-0-0.
Manchester Elementary & Middle School, 80 Memorial Avenue, Site and design plan changes associated with the installation of outdoor classroom. Application 2022-07-071, Tax Map ID 32-50-32.00.
Waker administered the oath to Frank Parent and Greg Harrington. Harrington explained that the pavilion was first proposed adjacent to the basketball court and private right of way in the northwest corner of the school grounds. He reported that the Design Advisory Committee had concerns about the location there and a new location is now proposed behind the maintenance barn near the bus parking. Ferrarin asked what the purpose of the pavilion was. Harrington explained that it would function as an outdoor classroom, something that many schools have implemented since the pandemic. Watanabe asked if school officials had any concerns about the newly proposed location. Harrington said he was not aware of any other than a worry that it might be vandalized because it is out of site. He confirmed there would be no lighting or power extended to the pavilion.
Waker asked how students would access the classroom site. Harrington said that no particular pathway is proposed but conjectured they would use a crosswalk at the access drive and then walk across the playing field to the pavilion. Waker worried about students potentially walking through the large parking lot to access the outdoor classroom. He suggested a site visit be held. A site visit was scheduled for Friday, September 9, 2022, and 5:30 p.m.
Harrington confirmed that the playground would not be removed if the pavilion is erected in this new location. Joelle Greenland took the oath. Greenland explained she was wearing her hat as a concerned parent and appreciated that a site visit would be held. She reported that the new principal was unaware of the outdoor classroom project. She hoped that an onsite evaluation of the crosswalk and alternative location would lead to the best informed decision for the safety of students. As a substitute teacher she recognized there were periods of high traffic that should be considered. She also advocated for keeping the playground because it is a space that is considered by middle schoolers as “their space.”
Ferrarin motioned to continue the hearing to October 5, 2022. Watanabe seconded the motion. The motion carried 4-0-0.
5. Aunt Bonnie’s Dispensary, 97 Depot Street. Change of use to retail cannabis sales, conditional use and site plan review. Application 2021-11-121.2, tax Map ID 32-52-26.00.
Waker administered the oath to Vallis Goodermote. Hurley displayed the site plan. Goodermote explained that she currently operates a CBD shop at the site and no changes to the site are proposed or required. She explained that the state Cannabis Control Board requires all product to be stored securely inside, requires security cameras and ID checks for all customers entering the store. She said no one under 21 years old will be allowed entry. She added that all cannabis product must be sourced in Vermont and product cannot be taken across state lines because it is still federally illegal. She confirmed that the establishment will need to be alarmed, and the system would notify a third party security firm, which would call the proprietor upon alarm trigger. Goodermote reported that she inquired in Williamstown, MA, as to whether the local police had any increase in calls resulting from the initiation of cannabis sales and was told there was not increase in calls.
Hurley displayed the proposed signage. Goodermote confirmed that the window signs would have white background with light grey polka dots instead of red background. Jolivette appreciated the color switch. Goodermote indicated the wall mounted sign would remain red background. Hurley explained that the freestanding panels would also be flipped – black background with white text.
Ferrarin motion to close the hearing. Emge seconded the motion. The motion carried 4-0-0.
Peter & Lucille Wythe, 761 & 763 Three Maple Drive, Planned Residential Development with 2 lots. Application 2022-08-080, tax Map ID 14-20-01.03.
Waker administered the oath to Pete and Lu Wythe. Hurley displayed the proposed plat. P. Wythe explained the desire to subdivide the property to provide one lot with the small guest house and a second lot for the planned larger 4-bedroom house. He noted that his permit for the 4-bedroom house recently expired. L. Wythe noted that she would like to maintain and preserve the wooded condition of the property and that the proposed reserve area includes a tail that functions as a wildlife corridor and wind block. P. Wythe explained that the reserve area cannot be extended across the north side of the existing clearing because the well is located on the edge of that proposed reserve area boundary. Hurley noted that the well should be shown on the plat.
L. Wythe reported that Director of Public Works Jeff Williams was consulted and approved of the proposed driveway location for Lot 1. There was discussion of the total acreage and how much is divided into each lot and the reserve. Hurley pointed out that 0.02 acre is unaccounted for in the two proposed lots. P. Wythe confirmed that the permitted water and wastewater systems will serve both lots and he will secure an amended approval from the state. Hurley confirmed that if the Wythes do not subdivide, they could build a 4-bedroom house and the guest house could serve as an accessory dwelling unit if it had only one bedroom and did not exceed 30% of the size of the larger house.
Hurley asserted that draft easement language for the shared water and wastewater elements would be needed. P. Wythe said that engineer Chris Ponessi would be engaged to set pins to delineate the systems. Waker asked if there would be a treed buffer along the new property line. The Wythes indicated that they would maintain a 15 ft. treed buffer. P. Wythe confirmed that a replacement area is not required for the mound system. There was discussion about agricultural versus forestry use of the reserve area. Hurley conjectured that having a few horses would not qualify as agriculture. She encouraged the Wythes to eliminate the agricultural provisions if their intent is to keep the property wooded.
Emge motioned to continue the hearing to November 2, 2022. Watanabe seconded the motion. The motion carried 4-0-0.
Andrew Comeau dba Aloyicous, 1174 Beech Street, Customary Home Occupation with waiver request. Application 2022-08-083, Tax Map ID 16-21-74.00.
Waker administered the oath to Andrew Comeau and Annick Gavillet. Hurley displayed the application submittals. Comeau described his proposed intent to sell frozen deep dish pizza by a farm stand model. He plans to power the freezer from solar panels on the shed roof. He explained that it would be a small operation utilizing a relatively small “camper van” sized freezer from a 4’ x 8’ shed with sliding door. Waker asked how many customers Comeau anticipated. Comeau said he expected to attract drive by customers as a novelty. He would draw customers in by painting the side of his shed with his proposed sign. Comeau would model the farmer’s market culture whereby customers could pay with Venmo scanner code.
Comeau envisions selling two pizzas per day, stocking the freezer with 20 pizzas that would last a week. He said if sales exceed that, then this model would not work, as he envisioned this as a side project. He was inspired by watching drivers regularly pull off the road across the street from his house and thought a grab and go endeavor would fit with the existing pattern of use. He argued that the alternative location suggested by staff would be dangerous because it is difficult to safely pull out of his driveway on the west side of the street. He also noted that the alternative location would not provide enough sun for the solar power element of the plan.
Jolivette asked whether this was a residential zone. Hurley explained that is was, but that this activity is being evaluated by the board as a Customary Home Occupation. Gavillet expressed concerns about traffic safety noting the dangerous curve in the road and darkness at night. Comeau suggested the shed could have a solar light on it. Waker expressed the need for a site visit and said he would like Director of Public Works Jeff Williams to be present. Comeau asked whether there was a history of accidents at the site. Waker said he did not know. Hurley explained that an applicant for a waiver is asked to provide mitigation of a dimensional encroachment. Comeau asked for examples of mitigation. Hurley suggested landscape beautification or other measures. Comeau said he would think about a mitigation plan.
Emge motion to extend the meeting to no later than 10:00 p.m. Watanabe seconded the motion. The motion carried 4-0-0.
Gavillet expressed aesthetic concerns because she would be able to see the shed from her house. She said she does not want to see a big sign and numbers of people parking at the site. She argued it was not a good fit because it is retail activity in a residential area. She conjectured that it would decrease the value of property in the area. She offered that it was a lot of damage for a little pizza sales. Waker asked if a waiver could be granted for a shed to house a lawn mower at the location. Hurley conjectured that it could be. Gavillet expressed concern about drivers being able to turn around before pulling back onto Beech Street. Waker indicated that there was enough space to turn around.
A site visit was scheduled for Tuesday, September 13, 2022, at 9:00 a.m. Hurley will extend an invitation to Jeff Williams. Ferrarin motioned to continue the hearing to October 5, 2022. Comeau said he would be in Croatia. Hurley indicated he could join the meeting via Zoom. Comeau confirmed he could do that. Watanabe seconded the motion. The motion carried 4-0-0.
802 Golf Academy, 46 Hunter Park Road, Site plan review for construction of covered tee boxes and putting green. Application 2022-03-021.1, Tax Map ID 16-20-07.00.
Waker administered the oath to Kristen Crowell and Ryan Porter. Hurley displayed the site plan and elevation drawings. Porter described the plan for an elevated putting green of hourglass shape with two collars of 18 to 24 inches wide. He directed attention to the three turf samples provided. He explained that the turf green would replace existing grass and be underlain by gravel stone and quartz sand. He confirmed that the turf will meet existing grass at the edges of the green.
Crowell described the proposed covered tees. She said the wooden posts would be painted yellow to match the existing building and a black metal roof is proposed. She explained it would cover twelve hitting bays, each with a 3’ x 4’ hitting mat with plastic partitions between mats. Porter confirmed that no lighting is proposed and that this is a sunup to sundown operation. Crowell said there are lights with motion sensors on the shed and that additional lights could be installed for safety reasons. Porter reported that summer hours are 8:00 a.m. to 7:00 p.m., shoulder season hours are 8:00 a.m. to 6:00 p.m., and hours during the stretch season are 8:00 a.m. to 5:00 p.m. The mats and covered tee boxes will help stretch the season.
Crowell and Porter confirmed that a stone drip edge would be employed at the base of the roof, that the existing drainage pattern is toward the parking lot, and they plan to add a garden between the tee boxes and the parking lot. They also explained that the hitting mats are very heavy and do not move and the plastic dividers are on T-stands. Porter said that parking spaces could be demarcated with turf paint but that curbing would be premature.
Watanabe motioned to continue the hearing to October 5, 2022. Ferrarin seconded the motion. The motion carried 4-0-0.
Other Business.
No other business was indicated.
Watanabe motioned to go into closed deliberative session. Ferrarin seconded the motion. The motion carried 4-0-0 at 9:49 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 October 5, 2022.
___________________________________________ _____________________________
For the Development Review Board Date