2023-08-02
TOWN OF MANCHESTER, VERMONT
DEVELOPMENT REVIEW BOARD (DRB) MINUTES
August 2, 2023
KILBURN MEETING ROOM
Board Attendees: Tim Waker, John Watanabe, Ray Ferrarin, Cynthia Kilburn & Mary Shoener
Excused Catherine Stewart
Staff Attendees: Assistant Zoning Administrator Peter Brabazon
Public Attendees: Frank Parent, Karen Geriak, Adam Dworkin, Ron Rodriquez, John Bradley and Sylvia Joliette
Brabazon initiated audio recording. Brabazon called the meeting to order at 7:30 p.m.
Meeting for Annual elections called for by Brabazon asked for nominations for Chair. Of the Development Review Board
Watanabe nominated Tim Waker and seconded by Shoener All in favor motion passed 5-0 Ferrarin nominated John Watanabe for Vice Chair seconded by Waker All in favor motion passed 5-0 Waker nominated Ray Ferrarin for Secretary seconded by Watanabe All in favor, motion passed 5-0 Brabazon turned over meeting to Chairman Waker who called meeting to order
1. Minutes of the June 7th, 2023, Meeting.
Motion to approve as submitted by Watanabe seconded by Ferrarin motion carried 4-0-1 with Shoener abstaining as she was not present for the meeting.
2. High Ridge Plaza, LLC 4645 Main Street, Applicant wishes to amend decision made
December 1, 2021 by the Development Review Board 2021-10-105. Application 2023-06-051 Tax Map ID 31-50-35.02 & 31-50-37.00
Waker administered the oath to Frank Parent P.E. from Long Trail Engineering, Karen Geriak and Adam Dworkin representing the Applicant.
Adam Dworkin gave an overview regarding the parking spaces that have been removed from use by the decision made by the DRB. The presentation included a map used by the Act 250 permit map that had been approved for two spots. The hearing at the time the two spaces were deemed unsafe due to the configuration. At the time of the hearing no request had been made to reconfigure or to change orientation. The other information that was introduced was a recent survey of the property and location of boundary lines for the parking area that had been defined in the field. Frank Parent had made a drawing based on the survey and found that the space could work for one single car provided that it would be parked parallel to the neighboring building as opposed to perpendicular. The sketch provided by parents showed that the parking space would meet the dimensional standard and would accommodate one single car safely.
Mr. Rodriquez administered the oath and gave the overview of his position that he felt the parking space was not safe. The one space that would be available to park in would pose some issues with traffic flow.
The space will create a problem of people backing out and creating a bottle neck to traffic. Mr. Rodriquez also said that he believes that it will block access to the sidewalk and impede the access to his handicap entryway. The spaces used in the vicinity already back out of the parking spaces and it would be no different from any other parking lot in Manchester. Mr. Rodriquez also mentioned that the flower pots that have been used to block off parking have been hit and damaged many times.
Watanabe asked how many accidents have been reported in this parking area? Mr. Rodriquez stated that there have been none in the 16 years he has been there. This is primarily due to the spaces being blocked off.
Waker stated that there have always been two spaces perpendicular to the Ponce' building. The feeling at the time of the approval request was that the two spaces perpendicular was not safe and therefore in its decision eliminated them. Now, the space being turned and limiting to only one parking space appears to be safe.
Mr. Rodriquez said this is about safety.
Mr. Frank Parent stated the ADA requirements have been addressed since 1997 and they have been in place for some time already. This is like any other parking lot in Town. If someone needs to pull out of a spot people will need to wait their turn. There is enough room as the entrance is 24 feet wide and meets the Town standard. It will not be hanging out into the sidewalk and blocking traffic. There is enough room to enter and to backup. Waker asked, How much space is between the parking space and the building? Frank Parent said that he estimated the distance to be between three and four feet.
Waker asked, Will there still be enough room between the building and the car to have access? Parent explained that the distance between the building and the parked car is green space and not a walkway. There is adequate room to navigate the parking lot just the same way as anyone else would do e.g. Shaw's Grocery parking lot, people walk through the parking areas.
Parent submitted a sketch plan identifying the ability to meet the standard dimension and the adequacy of room to allow one parking spot
Watanabe made a motion to close hearing and Ferrarin seconded the motion carried 5-0-0.
3. Shades of Green, LLC, Preliminary Site Plan review for Retail Cannabis Dispensary.
Application 2023-06-047, Tax Map ID 19-20-17.00.
Waker administered the oath to John Bradley representing the applicant Shades of Green, LLC.
John Bradley (applicant) thanked the Board for the ability to come and speak in front of them. Mr. Bradley was requesting an informal review of his intent to establish a process to allow for a retail Cannabis store.
Watanabe asked if it was even a possibility to entertain a waiver. The response is that the DRB cannot issue a waiver. John has had some on-going discussions with an ex-member of the Planning Commission and someone on the Selectboard who indicated that it may be beneficial to start a
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8-02-2023 DRB Minutes
dialogue to see if there would be any consideration for a current retail store to have the additional Cannabis sales added? Greg Boshart is also a neighbor on the property and has given some insight to the potential viability of the location. According to Boshart the ordinance was designed to be contained in the initial phase and potentially open up at some later time.
John is the last and only retail establishment that is located outside of Town only and last available
retail. There is no other retail further up the road.
John needs about 600 square feet to enable him to add Cannabis retail to his business. There are no anticipated changes to the exterior of the building or site. Other than the shop that has recently gotten approval there are no Cannabis retail sites being considered.
Currently, Cannabis is only permitted in the Town Center zoning district (TC)
John's primary reason to consider retail Cannabis is because he already owns the property. If the
Board says it can only be in the current zone that would change the equation for his decision to pursue the business. The reason is that the rent is too high to consider a location in the Town Center district. The applicant reinforced his argument to consider opening up the business to other zoning districts by stating that he would not add to any traffic congestion and he already has ample parking on his site.
In closing John said that he has been a long time resident of Manchester his children were raised here and went to school at BBA. He is actively looking to continue to build his business to support the needs of the Town and felt that he has a great location to add the retail Cannabis to his business.
Tim Waker responded to the applicant that although the argument in favor of granting a waiver is understood, he felt that doing so could undo the intent of the ordinance. The controls that have been put in place were based on the findings of the Planning Commission and the Selectboard at the time of the changes made to the ordinance. In the event the needs of the community changes in the future is up to the Planning commission to effect that change.
John's next step will be to open a dialogue with the Planning commission which would need to change the rules to include cannabis sales in his zoning district.
Tim Waker welcomed a new member to the Development Review Board Mary Shoener. Ray Ferrarin mentioned that he would remain a member of the Board until June of 2024 and hope that another replacement can be found prior to Ray leaving his position.
Other Business
Outdoor seating was discussed and the consensus among the Development Review Board members was that there were three businesses that have been approved for an extension to the outdoor seating after Covid-19 restrictions were lifted. Waker was of the opinion that any additional outdoor seating should be brought up for site plan review to the DRB in the future.
8-02-2023 DRB Minutes
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Discussion related to the decision on Hunter Park road closure. We have a note that allows the new owner use of the access from Hunter Park and would need to formalize a permanent change. This would require that the new owner request an amendment to the decision to allow for a gate to be installed in lieu of the permanent closing of the road access with vegetation. Staff will contact the new owner to discuss an amendment application.
Having no further business, the motion was made to close and by Watanabe and seconded by Ferrarin. The motion carried 5-0-0. Meeting adjourned at 8:56