Town of Williston Development Review Board
Minutes of October 22, 2013
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TOWN OF WILLISTON
DEVELOPMENT REVIEW BOARD
October 22, 2013, 7:30 PM
Town Hall Meeting Chamber
Minutes approved November 12, 2013 as written.
Digitally Recorded Minutes are available in the Planning & Zoning Offices, 7878 Williston Road or the Town Clerk’s
Offices located at 7900 Williston Road. The minutes are also found on the Williston Town website.
DRB members present: Scott Rieley, Chairman; David Turner; John Bendzunas; Rebecca Tharp; Brian
Jennings; and Peter Kelley.
Absent members:
Staff: Ken Belliveau, Matt Boulanger and Carol Daigle.
Others: Sandy Wynne; Tom Little; Bill Rich; Kristen Rich; Amanda Kava; Michael Bruce; Tim Riddle; John
Davis; Sand Davis; Becky O’Brien; Jim McCullough; Tom Blair; Howard Novak; Cindy Carrano; and Beverly
Boutin. (Richard Munson, Joanna Boyce, Rebecca and Daniel Goldman didn’t sign the sign-in sheet.)
I. Public Forum
II. Public Hearings
III. Minutes
IV. Communications or Other Business
V. Adjournment
7:30 P.M. Public Hearing
I. Public Forum
II. Public Hearings
Agenda:
DP 13-08 Amendment: William and Dorothy LaCasse Revocable Trust, 2199 South Brownell
Road, requests Discretionary Permit review to relocate previously approved building
envelope and reconfigure the permanently protected Open Space to protect wetlands in the
Agricultural Residential Zoning District (ARZD).
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DP 14 - 06: Howard Novak, 353 Golf Course Road, requests Pre-Application review for a
three-lot residential subdivision of a 10.4 acre parcel in the Agricultural Residential Zoning
District (ARZD).
DP 14 - 07: Michael Bruce and William Rich, 3068 Oak Hill Road request Pre-Application
review for a three-lot residential subdivision of a 119.4 acre parcel in the Agricultural
Residential Zoning District (ARZD).
DP 14 – 08: Daniel & Becca Goldman, 21 Sunset Hill Road, request Pre-Application review
for a three-lot residential subdivision of a 13.66 acre parcel in the Agricultural Residential
Zoning District (ARZD).
III. Minutes from October 8, 2013 DRB meeting
IV. Communications, and Other Business
HP 14-02 Chittenden County Transit Authority (CCTA) requests a Certificate of
Appropriateness to construct a new Bus Shelter in the ROW of Williston Road 50 feet west of
Library Lane in the Village Zoning District (VZD) and in the National Register Historic
District.
V. Adjournment
_______________________________________________________________________________
I. Public Forum
II. Public Hearing
7:31 P.M. Opened public hearing
Mr. Tim Riddle, 99 Old Creamery Drive and Mr. Tom Blair, 184 Highland Drive, asked to speak
for the North Country Sportsman’s Club before the public hearing began. They wanted to ask the
board if they had intended to retain approval of their Final Plans or could staff be allowed to review
them. The motion that was approved for their application on October 8
th
was to have the board
approve them.
Mr. Blair informed the board he had received a permit approval from the ANR and was submitting
it to the board/staff, as one of the conditions of the approval.
Mr. Rieley thanked them and informed them the board would discuss it in their deliberations.
______________________________________________________________________________________
(Chairman Rieley changed the order of hearing the applications. Board member John Bendzunas
recused himself from this hearing)
7:34 P.M. Opened public hearing for HP 14 – 02 CCTA proposal to erect a bus stop along Rt 2
between the Library and Central School Drive
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Representing the application for CCTA was Ms. Amanda Kava, Peterson Consulting, 444 South
Union Street, Burlington.
Matt Boulanger talked about the earlier discussion, by the board, of the previous location suggested for the
location of this bus shelter. This evening the request is to construct it in the right-of-way on Williston Road
about 50’ west of Library Lane. The applicant returned to the site and submitted this plan as an alternative.
Other locations along the road are not feasible due to other constraints including a telephone poll and
changing elevations. This location is flat. It is felt this was removed enough from the bandstand/gazebo and
the statue and remains in the green belt. Board members had a few questions as to the actual location
compared to Central School Drive and Library Lane.
Ms. Kava added this was the best alternative they found in on that side of the road. It would be closer to
Central School Drive and another crosswalk located further west of the one by the library. When asked she
informed the board the cement slab would be level with the ground and water or drainage shouldn’t be a
problem.
Speaking from the audience, Mr. Bendzunas, 7732 Williston Road, pointed out this new location was
directly across the road from his house; that it will obstruct views of the green for people like him who live
across from the green. He felt it made more sense to locate it closer to the library. He didn’t like this new
location at all.
______________________________________________________________________________________
Williston Historic and Architectural Advisory Committee – October 22, 2013
Staff Notes- HP 14-02 – CCTA Bus Shelter
Application No: HP 14-02
Name: CCTA Bus Shelter
Tax Parcel #: 14:104:132.000
Property Address: Williston Road Adjacent to
Library Lane and Williston Road
Zoning District: Village Zoning District (VZD;
National Register Historic District
Overview: The Chittenden County Transit Authority (CCTA) is requesting a Certificate of
Appropriateness to construct a bus shelter in the right-of-way of Williston Road approximately 50 feet west
of Library Lane.
Note: this project was originally reviewed by the HAAC on October 7 and the DRB on October 8. At
that time an alternate location to the west of the proposed location was discussed. Since those
meetings, the applicant has looked at the gradients, utilities, and other constraints present in the
right-of way between Central School Drive and the Library and has submitted a plan for an alternate
site. Other locations along the road are not feasible due to the grade or the presence of electric or
other utilities within the right-of-way.
Action Requested:
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Because this project is in the National Register Historic District, a certificate of Appropriateness from the
Williston Development Review Board (DRB) is required. The role of the HAAC is to develop any
recommended conditions of approval necessary to ensure compliance with the standards of the National
Register District and to vote on and transmit those proposed conditions to the DRB for their consideration.
Williston Village Historic District Design Review Guide
All requirements of the Village Design Guide for new construction particularly as they relate to the allowed
materials (wood, hardi-plank, etc.) apply to the proposed new structure.
The proposed structure is to be timber-framed wood with a natural finish and a copper roof that is allowed
to age to a natural patina over time.
Conditions of Approval
Staff Recommends that the HAAC recommend approval of a Certificate of Appropriateness for the
proposed bus shelter to the Development Review Board, with the following conditions of approval:
1. All materials must comply with the requirements of the Williston Village Design Guide.
2. Any lighting for the structure must be fully-shielded and downward facing and must be turned off
no more than one half-hour after the last bus service of the day until no more than one half-hour
before the first bus service in the morning.
3. The preferred alternative for the site of the bus Shelter is the new location closer to the Central
School Drive.
Proposed Motion (For the HAAC)
As authorized by WDB 42.2, I, __________, move that the Williston Historic and
Architectural Advisory Committee, having reviewed the application submitted and all
accompanying materials, including the recommendations of the town’s staff and having heard
and duly considered the testimony presented at the public meeting of October 7 and October
21, 2013 recommend that the DRB approve a Certificate of appropriateness for HP 14-02.
MOTION: (For the DRB)
As authorized by WDB 6.6.3, I, Rebecca Tharp, move that the Williston Development Review
Board, having reviewed the application submitted and all accompanying materials, including
the recommendations of the town’s staff and the advisory boards required to comment on this
application by the Williston Development Bylaw, and having heard and duly considered the
testimony presented at the public meeting of October 8 and October 22, 2013, approve a
Certificate of Appropriateness HP 14-02.
This includes the three conditions of approval: 1, 2, and 3, adding the new location closer to
the Central School Drive.
SECONDED by: David Turner VOTE: 5 – 0 AYES – 1 (Bendzunas abstaining)
Speaking from the audience was Mr. John Bendzunas, 7732 Williston Road.
7:40 P.M. Closed the public hearing for HP 14 – 02
______________________________________________________________________________________
7:40 P.M. Opened the public hearing for DP 13 – 08 Amendment.
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DP 13-08 Amendment: William and Dorothy LaCasse Revocable Trust, 2199 South Brownell Road,
requests Discretionary Permit review to relocate previously approved building envelope and
reconfigure the permanently protected Open Space to protect wetlands in the Agricultural
Residential Zoning District (ARZD).
Representing the application was Ms. Debra Bell, Trudell Consulting Engineers, PO Box 308,
Williston; Ms. Sandy Wynne, 137 Mansfield Avenue, Burlington; and Mr. Tom Little, representing
the trustees, PO Box 907, Burlington.
Mr. Belliveau reviewed the request to move the building envelope that was part of the original subdivision
in 1998 and the 2004 amendment of the Lacasse subdivision. There is a barn on the corner of Walker Hill
Road and South Brownell Road that was split off from the development lots. There is 53.3 acres of land
with an approximate seven acre building envelope. The applicants are requesting an alternative building
envelope, parallel to Walker Hill Road for 2.25 acres, resulting in a net increase of the open space. He
passed out two pieces of information; identification of the actual wetlands and the alternative layout of the
envelope. The approved current building envelope is now within known wetlands. There are a number of
constraints with this property. The Class III wetlands are protected by the town while the Class II wetlands
are protected by the town and state. He discussed the extent of vested rights; the Conservation Committee
review; the number of concerns with the property for wildlife habitat areas and the viewshed. Part of this
review asks in lieu of the 2.5 acre building envelope it now be a half an acre building envelope shielded by
trees and with a hedgerow that minimizes the impact of the dwelling on the area. The applicants are
considering agricultural uses and are requesting to be allowed to build structures related to these active
agriculture uses, in the open spaces, in the future. He added the Dept. of Public Works has given approval
of the alternative driveway location subject to an access permit issued by that department.
Ms. Sandy Wynne spoke for the application outlining the history of this originally proposed 21- lot
subdivision with a conserved space that morphed into a nine lot subdivision. The Lacasse’s kept the big lot,
sold the other eight and gave 12 lots back to the town. This discussion is about the one large lot kept by the
family/trustees. The language in the 2001 document didn’t allow of any structures within the ‘square’ of
that lot. That was not a problem. The point was it would remain active agricultural land. The conserved
space stayed the same with no structures. This spring the board allowed the trustees to subdivide five acres
and the barn from this remaining lot. Eventually all the land was put into a restrictive easement and no
structures would be allowed. It’s hard to farm without structures. The applicants met with the Conservation
Commission (CC) and heard their recommendations. The CC approved the change to the envelope and
agreed the language of the easement needed to be changed. The original 2.25 acre envelope shrank the
building envelope to half an acre as long as they could have structures and the applicants have agreed to that
change. They had some questions concerning the recommendations from the CC. They don’t agree to have
the CC reviewing structures as to what is or isn’t an agricultural structure and they felt no such commission
should be making such judgments. She pointed out the new location would be fairly hidden from view. She
suggested the language of an approval related to the color of the dwelling be worded as describing an
exterior of the dwelling having earth tone colors. She appreciated the intention concerning the hedgerows to
help the wildlife by not cutting them, but felt the results would be detrimental. VELCO has a 100’ easement
(since 2004) and it extends over the hedgerow. They have a right to clear cut anything and she reported they
will be cutting the hedgerow in the near future. A condition of no cutting would violate that easement. In
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addition, hedgerows grow and would be expanding into the building envelope. Parts of the hedgerow would
have to be cut to put in the driveway and as well as the septic system. The language of no cutting of the
hedgerow would prove to be very problematic. They are happy to relocate the driveway and fell it would be
a safer choice.
Ms. Debra Bell informed the board the septic system had been designed; the building envelope has been
reduced; and both groups have approved the change in the location of the driveway.
Ms. Wynne pointed out the hedgerow would have to be cut for the pedestrian easement. She has a list of
what they would like in the approval. They would like the board to not hitch building of the dwelling to any
phasing, that someone could walk in and obtain a building permit. She wanted this in writing. She also
asked the board to clarify the building envelope didn’t include the driveway and utilities as part of the
envelope restrictions.
Mr. Belliveau added that item number 2 in the Findings of Fact stated the lot had phasing allocation.
She finished by adding the AAP protects the town and defines agricultural issues/uses that might occur on
this lot.
Mr. Tom Little, representing the family trust, spoke about the need of settling the Lacasse estate, the need to
sell of one piece of land, the Davis’s who are interested in building on the lot and potentially developing
agricultural uses and still keeping the land open for such uses.
The board had questions about the location of the driveway. There was a brief discussion about the safety of
the road and Ms. Bell informed the board the wetlands have been approved by the Army Corp of Engineers.
______________________________________________________________________________________
MEMORANDUM
To: Ken Belliveau, Zoning Administrator
CC: Bruce K. Hoar, Public Works Director
From: Lisa Sheltra, Assistant Director of Public Works
Date: October 7, 2013
Re: DP 13-08, Lacasse Amendment Sub Lot #1
Public works has completed a technical review of the above referenced plan. All projects shall
conform to the Public Works Standard Specifications. As-Built plans and Engineering
Certifications are required at the completion of the project.
Public Works has no concerns about the reconfiguration building envelope.
_______________________________________________________________________________________
Williston Conservation Commission
Transmittal of Findings to the Development Review Board
Discretionary Permit Amendment, October 22, 2013
Application No: DP 13-08
Name: William Lacasse
Town of Williston Development Review Board
Minutes of October 22, 2013
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Property Address: 2196 South Brownell Rd
Tax Parcel # 12:3:101
Zoning District: ARZD
Existing Lot Size: 58.42
After review of this application for development, the Conservation Commission finds that the subject
property is affected by the Town of Williston Open Space Plan in the following categories:
__ Alternative Transportation Paths X Visual Assessment
__ Primitive Trails __ 150 ft Named Stream Buffer
__ Country Parks X 50 ft Stream/Wetland Buffer
__ Community Parks X Open Space Development
__ Neighborhood Parks X Wildlife Travel Corridor/Core Habitat
__ Conservation Areas M Conservation Priority Level
(H=high, M=medium, L=low)
Project Summary:
This is a Discretionary Permit amendment review of a proposal to relocate a previously approved building
envelope located at 2199 South Brownell Road in the Agricultural/ Rural Residential Zoning District (ARZD)
to an alternative location along Walker Hill Road. The proposal will reduce the building envelope from 7-
acres to 2.25-acres, which will consequently increase the open space by 4.75 acres.
Discussion:
Of greatest concern is the adverse impact that the proposed 2.25 acre building envelope will have on the
scenic viewshed from Walker Hill Road and South Brownell Road. On 10/16/13, the WCC visited the
proposed development site to assess the visual impact. The WCC found that the building envelope and
driveway could be alternatively situated in a way that would minimize the visual impact (see attached
map). Since the existing conservation easement restricts all buildings and structures, the WCC
recommends that the easement be revised to allow for agricultural structures. By revising the easement,
farm structures would not be limited to a predetermined building envelope and so the size of the building
envelope could be reduced to accommodate only the proposed single residential dwelling.
Findings:
1. The original 7-acre building envelope was previously approved because it was naturally screened
from South Brownell and Walker Hill Rd. However when the ground thawed after the permit
approval, that building envelope was found to be encumbered entirely by wetlands and so the
applicant sought an alternative. This proposal will relocate the building envelope and reduce its
size from 7-acres to 2.25-acres, which will consequently increase the open space by 4.75 acres.
2. A conservation easement exists between the applicant and the town, which restricts the
construction of buildings and structures on lands outside of designated building envelopes.
3. The proposed building envelope is located in the Primary Foreground visual assessment area.
4. The proposed building envelope is located in core wildlife habitat and a wildlife travel corridor.
5. The driveway is proposed through an existing agricultural field to align with Calloway Drive.
Recommendations:
1. An alternative location for the building envelope must be established since the previously
approved building envelope is encumbered by wetlands.
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2. The existing conservation easement should be amended to allow for town approved agricultural
structures. The placement of agricultural structures should be contingent upon review by the
Conservation Commission and should not be proposed in wetlands.
3. The applicant should shrink the building envelope to a suitable size for a single family dwelling and
move the building envelope to a location that will minimize the impact to the viewshed. The
dwelling should be painted in earth tones.
4. Since wildlife uses hedge rows for transportation, all field hedges should be excluded from the
proposed building envelope. No cutting of hedgerows should be allowed.
5. The proposed driveway should be relocated closer to hedgerows to minimize the impact to
viewshed and agricultural uses.
Approved by the Williston Conservation Commission, Date: 10/16/13
______________________________________________________________________________________
Staff Notes
Williston Development Review Board – October 22, 2013
DP 13-08, Lacasse Farm Subdivision
2199 South Brownell Road
Application No: DP 13-08
Name: Lacasse Farm Subdivision
Tax Parcel #: 12:003:101.000
Property Address: 2199 South Brownell Road
Zoning District: Agricultural/Rural Residential
(ARZD)
Parcel Size: 53.4 acres
Overview
This is a request for a Discretionary Permit to relocate the building envelope on a 53.4 acre parcel of land
located at the northeast corner of Walker Hill and South Brownell Roads in the Agricultural
Rural/Residential Zoning District (ARZD). The subject property is Lot 1 from the Lacasse residential
subdivision originally approved under SUB 98-06, and SUB 04-08, and later modified under DP 13-08.
The property is currently undeveloped, but has one unit of residential growth management allocation.
Permit History:
The DRB approved SUB 98-06 in 1998, later amended in 2004 under SUB 04-08, approving the
Lacasse residential subdivision creating Lot1, which is now the subject property, with allocation to
construct a single family dwelling unit.
The DRB approved an amendment to SUB 98-08 under DP 13-08 in 2012 increasing the amount of
land to be included in the protected open space and allowing Lot 10, a five acre parcel containing the
historic barn from the Lacasse farm to be subdivided from the open space without any additional
development potential.
Planning Staff Comments
The applicants are requesting to relocate the existing building envelope in order to remove it from an area
discovered to be encumbered by protected wetlands. In addition, the building envelope is proposed to be
reduced in area, resulting in a corresponding increase in the land area designated as permanently protected
open space. No additional subdivision of land is proposed. Staff is general in support of the proposal since
moving the building envelope will prevent a dwelling from being built within a protected wetland area
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Minutes of October 22, 2013
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which would be in violation of the town’s development regulations. The proposal would also enhance
rather than denigrate the designated open space on the subject property.
Permanently Protected Open Space
SUB 98-6 and SUB 04-08 included permanently protected open space on Lot 1 as required at the time of
the subdivision’s approval. The current request proposes to move the existing building envelope near Nora
Pete Drive to an area along Walker Hill Road near the south end of the property. The applicants also
propose to reduce the size of the building envelope from 7 acres to 2.25 acres. The net result would
increase the amount of land area designated as permanently protected open space. Staff recommends that
the building envelope be reduced to a size suitable to build a dwelling – no greater than ½ acre in size.
The current open space is protected by a conservation easement held by the town of Williston. The
applicant is proposing to expand the easement area to achieve the additional protection proposed. The
easement also restricts the development of any additional structures in the designated open space. The
applicants are requesting that structures supporting state listed accepted agricultural uses be allowed within
the designated open space.
.Public Works Department Comments
The public works department has stated that they have no concerns with the proposed application. Their
comments are contained in their memo dated October 7, 2013 are attached. It should be noted, however,
that approval of an alternative driveway location to the one originally proposed will be subject to public
works approval.
Fire Department Comments
The Williston Fire Department has no comments on this application.
Williston Conservation Commission Review
The Williston Conservation Commission reviewed this request and it is generally in support of relocating
the building envelope to remove it from portions of the subject property encumbered by wetlands. Their
comments dated October 16, 2013 are attached. Their five recommendations are listed below.
1. An alternative location for the building envelope must be established since the previously approved
building envelope is encumbered by wetlands.
2. The existing conservation easement should be amended to allow for town approved agricultural
structures. The placement of agricultural structures should be contingent upon review by the
Conservation Commission and should not be proposed in wetlands.
3. The applicant should shrink the building envelope to a suitable size for a single family dwelling and
move the building envelope to a location that will minimize the impact to the viewshed. The
dwelling should be painted in earth tones.
4. Since wildlife uses hedge rows for transportation, all field hedges should be excluded from the
proposed building envelope. No cutting of hedgerows should be allowed.
5. The proposed driveway should be relocated closer to hedgerows to minimize the impact to
viewshed and agricultural uses.
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Minutes of October 22, 2013
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Staff Recommendations
Staff is in support of the request, but recommends some modifications to the proposed new building
envelope, including reducing the size of the building envelope to ½ acre and shifting its location to an area
outside of important viewshed corridors.
Staff recommends the following Findings of Fact, Conclusions of Law, and Conditions of Approval:
Findings of Fact:
1. The subject property is a 53.4 acre parcel in the ARZD.
2. The subject property is currently undeveloped, but has received residential growth management
allocation for the development of a single family dwelling within a 7 acre building envelope.
3. The subject property is subject to a conservation easement held by the Town of Williston restricting
any additional development of the subject property outside of the designated building envelope.
The conservation easement covers the portion of the property designated as permanently protected
open space.
4. The existing building envelope is located in an area classified as wetlands by the Town of Williston
and State of Vermont.
Conclusions of Law:
1. Relocating the building envelope will prevent the development of apportion of land designated as
wetlands subject to protection as provided by WDB 29.8.
2. The proposed new building envelope will result in an increase in the amount of land area
designated as permanently protected open space.
Conditions of Approval:
1. The applicants shall file Final Plans for approval within one year from the date of the notice of
determination of the decision of the DRB, or this approval shall be considered null and void as
required by WDB 6.9.1. All development of the subject property shall be in conformance with the
Final Plans approved by this permit unless otherwise authorized by the DRB, as specified under
WDB 6.10.
2. Final Plans shall be in conformance with all of the WDB requirements and standards, and
conditions of approval as required by the DRB. The Final Plan shall show a revised building
envelope
3. Final Plans shall show a revised building envelope that shall be no larger than ½ acre in area and
shall be located near Walker Hill Road near the existing hedgerow of trees.
4. Prior to the signing of Final Plans the applicants shall submit draft easement documents for the
designated open space stating that structures in support of accepted agricultural practices may be
allowed subject to review and approval by the Administrator with consultation with the
Conservation Commission. No other structures shall be allowed within the designated open space.
5. The cutting of the existing hedgerows is prohibited. With the exception of the Green Mountain
Power right-of-way, and clearing within the building envelop, and the installation of the driveway
and the septic system, the applicant shall maintain the existing scale of all hedgerows.
6. The applicants shall relocate the proposed driveway to a suitable location as close to the building
envelope as practicable and obtain approval for its location from the Williston Public Works
Department.
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7. The applicant shall obtain any and all required permits and authorizations as required by either the
State of Vermont or the U.S. Army Corps of Engineers prior to commencing any work in
association with this project as specified by WDB 1.3.1, and shall provide documentation of any
applicable state or federal permits.
8. This approval incorporates by reference all application forms and checklists, the plans and drawings
presented by the applicant, and all verbal representations made by the applicant at the Development
Review Board meetings and hearings regarding the subject application to the extent that they are
not in conflict with other conditions or regulations WDB 1.3.4.
9. Unless otherwise amended by this permit, all conditions of approval from SUB 98-06, SUB 04-08
and DP 13-08 previously in effect shall remain in effect.
MOTION:
As authorized by WDB 6.6.3, I, John Bendzunas, move that the Williston Development
Review Board, having reviewed the application submitted and all accompanying materials,
including the recommendations of the town’s staff and the advisory boards required to
comment on this application by the Williston Development Bylaw, and having heard and duly
considered the testimony presented at the public hearing of October 22, 2013, accept the
Findings of Fact and Conclusions of Law proposed by staff and approve a Discretionary
Permit DP 13 – 08 for the proposed addition.
This approval authorizes the applicant to file Final Plans, obtain approval of those plans from
staff, and then seek an Administrative Permit for the proposed development, which must
proceed in strict conformance with the plans on which this approval is based.
Condition #5 was changed to read: With the exception of the Green Mountain Power right-of-way,
and clearing within the building envelop, and the installation of the driveway and the septic system,
the applicant shall maintain the existing scale of all hedgerows.
SECONDED by: Peter Kelley VOTE: 6 – 0 AYES
No one spoke from the audience concerning this application.
8:05 P.M. Closed public hearing of DP 13 – 08 Amendment
_______________________________________________________________________________
8:06 P.M. Opened public hearing DP 14 – 06 Howard Novak 3-lot subdivision.
Representing the application was Mr. Howard Novak, 353 Golf Course Road.
Mr. Boulanger briefly reviewed the history of this proposal with the board. This Pre-Application of
a 3-lot residential subdivision, 6.1, 2.0, and 2.3 acres was submitted for consideration last year;
however there was no allocation in the ARZD to be allocated. The 6.1 acre lot has an existing
single family dwelling on it. The deed mentions a total of 11.3 acres; however it has been
calculated to be 10.4 acres. This will have to be resolved in relationship to the amount of open
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Minutes of October 22, 2013
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space that would be required if it is over 10.5 acres. Open space set aside as shown with the
location of the building envelopes represents there will be 75% of open space whether it is proven
to be either just under 10.5 acres of just over it. There were no comments from the police
department; public works comments related to the access and additional information concerning
the municipal services. The fire chief was concerned about the length and width of the drive for
firefighting apparatus, especially to the last house and being able to turn around on the drive. The
CC had attached their recommendations and asked the board to adopt them as part of the board’s
recommendations should the board approve the request for two units of allocation at the March
2014 Growth Management Allocation meeting.
Mr. Novak had nothing to add to Mr. Boulanger’s comments. He will have the property
professionally surveyed. He further commented these lots would have private septic systems. He
didn’t think there were any issues that couldn’t be resolved. He mentioned creating a hammer-head
turn around.
Mr. Rieley asked about the right-of-way agreement across the property with UVM. He was
informed the deed talks about a road across the property that has grown over since Mr. Novak has
lived on the property. It has become more of a tractor access, and UVM would actually gain more
readily available access with this proposal. He didn’t know about their access or a R.O.W. to the
golf course. Mr. Novak informed the board UVM’s uses were limited to agricultural uses. The
board asked about previous questions by a former board member at the first application concerning
a pond and the location of the drive. He doesn’t have a pond on his property and he does
understand the phasing stage of the development process.
Mr. Jim McCullough, 592 Gov. Chittenden Road, a neighbor of the Novaks, spoke in favor of this
project and felt it was a good use of the land.
_______________________________________________________________________________
Williston Conservation Commission
Findings & Recommendations
Transmittal of Findings to the Development Review Board, October 22, 2013
DRB Review Stage: Pre-Application
Application No: DP 14-06
Name: Howard Novak Subdivision
Tax Parcel # 15:115:040
Property Address: 353 Golf Course Rd
Zoning District: ARZD
Total Acres: 10.4
After review of this application for development, the Conservation Commission finds that the subject
property is affected by the Town of Williston Open Space Plan in the following categories:
__ Alternative Transportation Paths X Visual Assessment
__ Primitive Trails __ 150 ft Named Stream Buffer
__ Country Parks X 50 ft Stream/Wetland Buffer
__ Community Parks ? Open Space Development
__ Neighborhood Parks X Wildlife Travel Corridor/Core Habitat
Town of Williston Development Review Board
Minutes of October 22, 2013
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__ Conservation Areas L Conservation Priority Level
(H=high, M=medium, L=low)
Summary:
This is a Pre-application review for a 3-lot residential subdivision located at 353 Golf Course Road in the
Agriculture Rural Zoning District (ARZD). Lot 1 will be 6.1 acres and include the existing dwelling. Lot 2 will
be 2 acres and Lot 3 will be 2.3 acres.
Discussion:
The property is known to have pockets of wetlands however a wetland delineation has not been
conducted. The property is located in a viewshed corridor and is designated as secondary middleground.
The WCC walked the site with the applicant on January 11, 2012 and found that the proposed subdivision
and development plan will not have an adverse visual impact from public ways. Abutting properties
include the Catamount Family Center to the north, the University of Vermont (UVM) parcel to the east,
and the Williston Golf Club to the south. A Right of Way benefitting UVM exists across the parcel. The
future use of that ROW should be considered as it may affect the future landowners. While the town
records indicate that the parent parcel at 9.6 acres, the warranty deed shows the parent parcel as 11.3
acres, and the plans show 10.4 acres. The actual size of the parent parcel will determine if the project is
subject to Williston’s 75% open space rule.
Findings:
1. The presumed 10.4-acre lot listing is just below 10.5-acre threshold of the 75% open space rule.
The town records indicate that the parent parcel at 9.6 acres, the warranty deed shows the parent
parcel as 11.3 acres, and the plans show 10.4 acres.
2. Pockets of wetlands are known to exist on the subject parcel. A wetland delineation has not been
conducted.
3. A majority of the project is located in core wildlife habitat.
4. A Right of Way benefitting UVM exists across the parcel for agricultural/forestry purposes only
and is identified in the warranty deed.
5. The property is located in a viewshed corridor and is designated as secondary middleground. The
project does not appear to adversely impact the viewshed, therefore no further action is
recommended.
Recommendations:
1. The lot size should be confirmed with a professional survey. If the lot is determined to be greater
than 10.5 acres, then the 75% open space rule will apply.
2. The presence of wetlands should be confirmed with a professional wetland delineation.
3. The proposed dwellings should be situated in a way that minimizes fragmentation of the core
wildlife habitat. To preserve the core habitat, the clearing limit on each lot should be limited to ½
an acre.
4. The future use of the UVM ROW should be considered as it may affect the future landowners.
Approved by the Williston Conservation Commission, Date: 10/16/13
_______________________________________________________________________________
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
14
Williston Fire Department FIRE / EMS
MEMO
To: DRB Staff
From: Kenneth N. Morton, Jr., Fire Chief
Date: November 13, 2013
Re: Novak Subdivision DP 14 - 06
The Fire Department has completed review of the above referenced project and offers the
following:
I am concerned about fire protection for these homes. The proposed homes are the better part of ¾
of a mile from the nearest fire hydrant. Any fire problem will require the use of a tanker shuttle.
The quantity of hose carried on our engine will barely reach the first home, and servicing the
additional two homes will require a tanker shuttle or a relay pumping operation. This will require
a turn around, or pull-off for apparatus.
The width of the road servicing these homes cannot be determined from the drawing provided.
The Development Review Standard requires a solid base road width of fourteen (14) feet. This
width will be needed to support the operations referenced above.
I will be happy to meet with the owner, or an owner representative, to work out a solution to the
above referenced fire protection issue.
We do not have any additional comment regarding this proposal.
Thank you for including the Fire Department in the review process.
_______________________________________________________________________________
Staff Notes – Williston Development Review Board – October 22, 2013
Pre- Application- Novak Subdivision
Application No: DP 14-06
Name: Novak Subdivision
Tax Parcel #: 15:115:040
Property Address: Golf Course Road
Zoning District: Agricultural Rural Residential
(ARZD)
Total Acres: 10.4 acres +/-
Overview:
This is a request for pre-application review for a proposed three-lot residential subdivision in the
Agricultural/Rural Residential Zoning District (ARZD). The subject property is located at the end of Golf
Course Road.
The proposed subdivision will result in the creation of 3 lots, one lot of 6.1 acres, one lot of 2 acres, and one
lot of 2.3 acres. The 6.1 acre lot would contain the existing single-family home on the property.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
15
A subdivision of a parcel greater than 10.5 acres in the ARZD is required by the Williston Development
Bylaw (WDB) to set aside 75% protected open space. This parcel has a deed description describing it as
11.3 acres, but the calculated acreage from the site plan is 10.4 acres. The exact lot size will have to be
calculated as a part of a property survey to determine if the open space requirements in WDB 31 apply to
this project. If so, the applicant could provide permanently-protected open space by establishing building
envelopes around the existing home and proposed new dwellings.
Project History:
The DRB heard a pre-application for a project identical to this one in February 2012, (DP 12-08) but
determined at its Growth Management hearing in March of 2013 that there was no residential allocation
available to allow the project to move forward. The applicant has re-applied for the purposes of the project
being considered in the 2014 growth management process.
Review by other Boards and Town Departments:
Williston’s Police, Fire, and Public Works Departments reviewed the project. Police had no comments at
this time. Public Works comments related to access, water supply, and wastewater disposal are included in
the attached memo dated 10/7/2013. The Williston Fire Department has commented that the length of the
access drive will make bringing fire apparatus and hose up the proposed driveway to the last proposed
house difficult at best. The fire department recommends widening the proposed driveway and adding a
turnaround.
Memorandums from Public Works and Fire are attached to this staff report and their recommendations are
proposed to be adopted as DRB recommendations as well.
The Williston Conservation Commission also reviewed this project and their findings are attached to this
report below. The Conservation Commission recommends that the applicant confirm the presence of any
wetlands on the site and have the site surveyed to determine its true size prior to Discretionary Permit
review.
Growth Management
If the DRB authorizes this project to move forward to residential growth management allocation in 2014,
the applicant will be requesting two units of allocation.
Recommendations:
1. The applicant, Howard Novak, proposes to subdivide +/-10.4 acres into a 2.3, a 2.0, and a 6.1 acre
parcel, and to pursue Growth Management Allocation to construct one single-family dwelling each
on the 2.0 and 2.3 acre parcels.
2. The subject parcel is in the Town of Williston in the Agricultural Rural/Residential Zone (ARZD).
3. Subdivisions of land in the ARZD where the parent parcel is 10.5 acres or greater in size require
75% of the area of the parcel to be set aside as protected open space.
4. All proposed findings made by the Williston Conservation Commission at their 10/16/2013 meeting
shall also be adopted as pre-application recommendations.
5. All comments made by the Department of Public Works and stated in their memo dated 10/7/2013
shall also be adopted as pre-application recommendations.
6. All comments made by the Williston Fire Department in their memo dated 10/17/2013 shall also be
adopted as pre-application recommendations.
______________________________________________________________________________________
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
16
MOTION:
As authorized by WDB 6.6.3, I, David Turner, move that the Williston Development Review
Board, having reviewed the application submitted and all accompanying materials, including
the recommendations of the town’s staff and the advisory boards required to comment on this
application by the Williston Development Bylaw, and having heard and duly considered the
testimony presented at the public hearing of October 22, 2013, accept the recommendations
proposed by staff for the review of DP 12 – 08 DP 14 - 06, and authorize the applicant to
proceed to Growth Management Review.
SECONDED by: Brian Jennings VOTE: 6 – 0 AYES
Speaking from the audience was Mr. Jim McCullough, 592 Gov. Chittenden Road.
8:16 P.M. Closed public hearing for DP 14 - 06
________________________________________________________________________________
8:17 P.M. Opened public hearing for DP 14 – 07 Michael Bruce 3-lot subdivision
DP 14 - 07: Michael Bruce and William Rich, 3068 Oak Hill Road request Pre-Application review
for a three-lot residential subdivision of a 119.4 acre parcel in the Agricultural Residential Zoning
District (ARZD).
Representing the application was Mr. Michael Bruce, 3068 Oak Hill Road and Ms. Debra Bell,
Trudell Consulting Engineers, PO Box 308, Williston.
Ms. Demar briefly outlined her notes for the board. This 3-lot subdivision proposal involves a 119.4 acre
parcel off Oak Hill Road. Lot 1 is proposed to be a 14 acre lot for a single family dwelling. Lot 2 includes
the 10 acres around the existing farmstead, and Lot 3 would be 89.5 acres of open space. The 75% open
space requirement has been met by the 89.5 acres. The CC recommended all wetland and watersheds be
protected. The full extent of the wetlands on Lot 1 is unknown. Since all wetlands and watershed protection
buffers must be included in the open space, the applicant should completely delineate the wetlands on Lot 1
unless all lands outside of the designated building envelope are to remain as protected open space, and be
labeled on the plans, unless the lot is shrunk to remove those areas. This property is in the visual protection
area that includes Primary Foreground, Primary Middleground, protecting Oak Hill Road and Butternut and
being part of the Open Space. It was suggested Lot 1 be moved further west to further protect the viewshed.
Mr. Rieley asked why the CC suggests the lot be moved further west.
Mr. Bruce spoke up to point out the prime agricultural and drier land was further west of Lot 1. Ms. Bell
added she would explain more about it after staff notes had been reviewed.
Ms. Demar pointed out the CC didn’t have that information at their meeting. Paths and trails have been
included on the town plans showing an alternative path off Oak Hill Road. The applicant has been working
with the Vermont Land Trust and is in negotiations with them about conserving the land. The applicant
needed to understand how he subdivides his property could affect the value of the land. Public Works had
comments about the road access and culvert; the Fire Department had questions about water supply; and the
CC provided comments about the configuration of the open space, viewshed, and natural resources.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
17
Ms. Bell pointed out highlights of the property on the site plans. Lot 1 was created out of marginal lower
crop (shrubs, grass, etc.) valued land. She point out the good crop and value sections and mentioned the
bylaw regulations of keeping important farm lands remaining in the open space. The applicant was aware of
the wetlands and in 2009 a delineation was made to ascertain a dwelling could be built on a ¼ acre
envelope. Outside the envelope would be the septic system they have designed. The willing future lot owner
is willing to take the balance of the remaining 14 acres and add it to the open space. The 10-acre Lot 2
doesn’t need to be part of the open space and it would allow for other agricultural structures. They are
proposing a half an acre around the existing home to be outside the open space. Of this 119.5 acre farm, the
applicant is proposing to develop ¾ of an acre of all the land.
Mr. Belliveau pointed out all representations are binding as part of growth management. Any promises
made as part of growth management, for example a conservation easement/agreement that may fall
through,would be a reason to deny the application at the discretionary permit level.
Ms. Cindy Carrano, 2763 Oak Hill Road, asked for clarification as to exactly where the 14 acre lot was
located, about the viewshed, the visual effects, would it be visible when one turned off the road, etc.
Mr. Bruce explained it was across the road from Larry Pillsbury’s property off Butternut Lane. The house
would be about 100’ back from Butternut Road.
It was determined the dwelling would be located about 1000’ from Oak Hill Road, and vegetation would
screen the dwelling for the most part.
Ms. Carrano directed her question to the Mr. Bill Rich (proposed future owner) about this being a
residential property and if his A-1 Roofing business would be located on the property. Is he going to keep
the business in town?
Mr. Rich responded he lived in town and currently had his business in town plus he had storage out on
Industrial Avenue.
___________________________________________________________________________________
Williston Fire Department FIRE / EMS
MEMO
To: DRB Staff
From: Kenneth N. Morton, Jr., Fire Chief
Date: November 13, 2013
Re: Bruce & Rich Subdivision DP 14 –07
The Fire Department has completed review of the above referenced project and has
no requests for action at this time.
The area this project is proposed is not protected by either a municipal, or
alternative, water supply. If, in the future, further subdivision of this property is
proposed, the Fire Department will request that provision be made for an on-site or
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
18
local water supply. This will be able to be accomplished with either an on-site
pond with Fire Apparatus access, or a dry hydrant.
Thank you for including the Fire Department in the review process.
_______________________________________________________________________________
MEMORANDUM
To: Ken Belliveau, Planner
CC: Bruce Hoar, Public Works Director
From: Lisa Sheltra, Assistant Public Works Director
Date: October 7, 2013
Public Works
(802) 878-1239
RE: Michael Bruce, Butternut Road & Oak Hill Road
Public works has completed a technical review of the above referenced plan. Project shall
conform to all Public Works Standard Specifications. As-Built plans and Engineering Certifications
are required at the completion of the project. Please provide a written response to the following
items prior to receiving approval for the project:
The applicant will need to apply for a highway access permit prior to developing the
property.
The applicant needs work with the Public Works department on the size and location
for any required culverts when the lots are to be developed.
________________________________________________________________________________
Findings of Fact & Conclusions of Law
Williston Development Review Board – October 22, 2013
Pre- Application - Michael Bruce Subdivision
DP 14-07
Application No: DP 14-07
Name: Michael Bruce Subdivision
Tax Parcel #: 23:100:171
Property Address: 3068 Oak Hill Road
Zoning District: ARZD
Total Acres: 119.4
Overview:
This is a Pre-Application for a 3-lot residential subdivision of a 119.4 acre parcel located at 3068 Oak Hill
Rd in the Agricultural/Rural Zoning District (ARZD). Proposed Lot 1 includes a 14 acre residential lot, Lot
2 includes 10 acres around an existing farmstead, and Lot 3 includes 89.5 acres of open space. This is an
open space subdivision where at least 75% (89.25 acres) of the parent parcel must be protected as open
space. The applicant intends to pursue Growth Management allocation to construct one single-family
dwelling on the 14 acre parcel.
The Bruce property includes an additional 38-acres on the east side of Oak Hill Road, however as
described in Williston Unified Development Bylaw (WDB) section 12.1.3.1, where a parcel is split by a
public road, it will be treated as a two parcels for the purposes of the bylaw. Therefore, the proposed
development on the west side of Oak Hill Road is independent from the property on the east side of Oak
Hill Road.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
19
Project History:
The DRB reviewed a similar Pre-Application on October 13, 2009 and authorized the applicant to request
Growth Management allocation for one single family dwelling. In 2010 the project did not receive an ample
growth management score and so subdivision approval was not pursued.
Watershed Protection:
All lands within watershed protection buffers must be included in open space. This means that all wetlands
within proposed lots 1 and 2 must be delineated unless all lands outside of designated building envelopes
are to remain as protected open space.
Visual Assessment:
Since the subject parcel is designated by Williston’s visual assessment as Primary Foreground, Primary
Middleground, and Secondary Foreground, the applicant should consider shifting Lot 1 to the west where
the land is semi-wooded and a dwelling could be better absorbed by the landscape.
Paths and Trails:
As shown on Map 10 of the 2016 Town Plan, a proposed alternative path runs along the eastern boundary
of the property along Oak Hill Rd and a proposed primitive trail runs along western boundary of the
property. The applicant has included a 20-ft wide alternative path easement along the eastern property
boundary and a 20-ft wide primitive trial easement along the western property boundary.
Conservation Easement:
This property is currently under consideration for a conservation easement through the Vermont Land Trust.
The conservation easement would include Lot 3 and Lot 2 but not Lot 1. The easement would also include
the 38-acres to the east of Oak Hill Road. The town has expressed an interest in the project and has already
utilized Environmental Reserve Fund dollars to contribute to the cost of the appraisal. The applicant should
understand that while the desire to conserve the land will not be affected by the proposed subdivision, the
subdivision, if approved, may impact the current appraised value of the land.
Comments from Public Works, Fire Department, and Conservation Commission:
The Department of Public Works (DPW) has provided comments in a memo dated October 7, 2013. The
DPW has comments regarding road access and culverts. The Fire Department had comments regarding
water supply as stated in a memo dated October 16, 2013. The Williston Conservation Commission (WCC)
has provided comments in a memo dated October 16, 2013. The WCC expressed concerns regarding natural
resource protection and open space preservation.
Recommendations:
1. Since the parent parcel is greater than 10.5 acres, at least 75% (89.25 acres) of the parcel must be
protected as open space and all requirements of WDB 31.7 must apply. Per WDB 31.7.2, open
space subdivisions must include all lands within watershed protection buffers (31.7.2.1);
conservation areas, which include wildlife habitat and travel corridors (31.7.2.2); important
farmlands (31.7.2.4); and slopes 30 % or more (WDB 31.7.2.5), to the extent consistent with the
landowner’s right to beneficial use of his/her land. Open space subdivisions should include Scenic
viewsheds (31.7.2.3) and Slopes 15-29% (WDB 31.7.2.6).
2. All wetlands on Lot 1 and Lot 2 should be delineated unless all lands outside of designated building
envelopes are to remain as designated open space. Watershed protection buffers adjacent to
building envelopes should be demarcated in the field with fence, boulders, or other permanent
vertical structures.
3. To better protect the viewshed, the applicant should consider shifting Lot 1 to the west where the
land is semi-wooded and a dwelling could be better absorbed by the landscape.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
20
4. All comments expressed by the Department of Public Works on the memo dated October 7, 2013,
must be addressed.
5. All comments expressed by the Fire Department on the memo dated October 16, 2013, must be
addressed.
6. All comments expressed by the Conservation Commission on the memo dated October 16, 2013,
must be addressed, excluding the shift of the lot to the west
MOTION:
As authorized by WDB 6.6.3, I, Peter Kelley, move that the Williston Development Review
Board, having reviewed the application submitted and all accompanying materials, including
the recommendations of the town’s staff and the advisory boards required to comment on this
application by the Williston Development Bylaw, and having heard and duly considered the
testimony presented at the public hearing of October 22, 2013, accept the recommendations
proposed by staff for the review of DP 14 - 07, and authorize the applicant to proceed to
Growth Management Review.
Changes made to the motion: Condition #3 was eliminated; Condition #6 now reads: All
comments expressed by the Conservation Commission on the memo dated October 16, 2013,
must be addressed, excluding the shift of the lot to the west.
SECONDED by: John Bendzunas VOTE: 6 – 0 AYES
Speaking from the audience was Ms. Cindy Carrano, 2763 Oak Hill Road.
8:33 P.M. Closed public hearing for DP 14 - 07.
______________________________________________________________________________________
8:34 P.M. Opened public hearing for DP 14 – 08 Goldman subdivision
DP 14 – 08: Daniel & Becca Goldman, 21 Sunset Hill Road, request Pre-Application review for a
three-lot residential subdivision of a 13.66 acre parcel in the Agricultural Residential Zoning District
(ARZD).
Representing the application were Daniel and Rebecca Goldman, 21 Sunset Hill Road (didn’t sign
sign-in sheet).
Mr. Boulanger reviewed his staff notes for the board. This is a Pre-Application proposal for a 3-lot
residential subdivision of a 13.66 acre parcel that calls for the creation of a two-acre lot around the existing
single family dwelling, a new four-acre lot for a future single family dwelling, and a 7.66 acre open space
lot. If the board approved this application, it would move forward to request just one growth management
allocation. The existing lot was part of the Munson-Boyce subdivision (SUB 99-10) approved in 1999.
There were no conditions on that subdivision that would preclude this further subdivision. The police,
public works and fire departments were asked to respond to this application. The police had no comments;
public works requested the applicant obtain an access permit and they provide copies of all state permits
required. The fire department commented on the limited amount of water for firefighting purposes in this
area. Any future residential development may require more resources for the fire department.
He found there were no slopes that might restrain development, and only a small amount of wetlands and
associated buffers and over estimated two acres for calculating density. There potentially could be six more
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
21
dwellings on the property. The proposed single family dwelling would be accessed off Sunset Hill Road.
The CC recommended locating the building envelope as close as possible to Sunset Hill and Oak Hill Road,
in a way that minimizes the effect on core wildlife habitat and travel corridors.
The Goldman’s had no real comments to add. They would sell the existing farm house, which would be
surrounded by the 2 acres and the 7.6 acre open space, and would build a small efficient dwelling with the
goal of farming including growing their own food. They would develop in such a way as to preserve the
looks and the neighborhood.
The board had questions about a 3-lot subdivision but only a request for one building allocation. It was
explained one lot was for the proposed single family dwelling; Lot 3 would be open space, and the
remaining lot is for the existing dwelling. It also provides two building envelopes, but they are alternate
locations and preplanning for any further development. The applicant acknowledged they understood the
growth management point scoring process.
Ms. Beverly Boutin, 2041 Oak Hill Road, asked questions about the status of the old farmhouse and where
the new dwelling is proposed to be located.
Mr. Goldman showed her the site plan and explained where development would take place and where the
land in between that will remain as open space. They are not building near the pond.
Ms. Johanna Boyce (didn’t sign the sign-in sheet), 45 Pebble Lane (?) and Mr. Richard Munson (didn’t sign
sign-in sheet), 45 Pebble Lane, had questions about the two alternate building envelopes, explained the past
history of the Boyce-Munson subdivision of which Goldman’s original lot came from, and issues with
visibility and proximity to their lot. They asked how the septic would work and where the driveway would
be located. Currently they share a community septic system with the Goldmans.
____________________________________________________________________________________
Williston Fire Department FIRE / EMS
MEMO
To: DRB Staff
From: Kenneth N. Morton, Jr., Fire Chief
Date: November 13, 2013
Re: Goldman Subdivision DP 14 –08
The Fire Department has completed review of the above referenced project and has no requests for
action at this time.
The area this project is proposed is not protected by either a municipal, or alternative, water
supply. If, in the future, further subdivision of this property is proposed, the Fire Department will
request that provision be made for an on-site or local water supply. This will be able to be
accomplished with either an on-site pond with Fire Apparatus access, or a dry hydrant.
Thank you for including the Fire Department in the review process.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
22
____________________________________________________________________________________
Williston Conservation Commission
Transmittal of Findings to the Development Review Board
DRB Review Stage: Pre-Application
Application No: DP 14-08
Name: Daniel & Rebecca Goldman
Subdivision
Property Address: 21 Sunset Hill Rd
Tax Parcel # 20:021:089.000
Zoning District: ARZD
Existing Lot Size: 13.66 acres
After review of this application for development, the Conservation Commission finds that the
subject property is affected by the Town of Williston Open Space Plan in the following categories:
X Alternative Transportation Paths X Visual Assessment
__ Primitive Trails __ 150 ft Named Stream Buffer
__ Country Parks X 50 ft Stream/Wetland Buffer
__ Community Parks X Open Space Development
__ Neighborhood Parks X Wildlife Travel Corridor/Core Habitat
__ Conservation Areas L Conservation Priority Level
(H=high, M=medium, L=low)
Project Summary:
This is a Pre-application review for a 3-lot subdivision of a 13.66 acre parcel located at 21 Sunset
Hill Road in the Agricultural/Rural Zoning District (ARZD). The 3-lot split includes one 7.66-acre
open space lot, one 2-acre lot with a ½ acre building envelope that will contain the existing
farmhouse, and one 4-acre lot with two ½ acre building envelopes. The intent is to construct one
new dwelling in one building envelope on the 4-acre lot and leave the other building envelope for a
potential future use or subdivision. Since the parcel is greater than 10.5 acres, at least 75% (10.2
acres) of the parcel must be protected as open space.
Discussion:
The natural resource concerns on this property include wetlands and wildlife habitat and travel
corridors. The WCC recommends that the wetlands be delineated in any areas proposed as building
envelopes. The WCC also recommends that the proposed building envelopes on the proposed 4-
acre lot be situated in a way that minimizes the impact to wildlife.
Findings:
1. Since the parcel is greater than 10.5 acres, at least 75% (10.2 acres) of the parcel must be
protected as open space. The applicant has proposed 12.16 acres of open space, which is in
part located on all three proposed lots.
2. Wetlands exist on the property but the wetlands have not been delineated.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
23
3. A majority of the parcel, except for the immediate land area around the existing dwelling,
is located in a wildlife travel corridor. The western half of the property is designated as
core wildlife habitat.
4. As shown on Map 10 of the 2016 Town Plan, an alternative transportation path runs along
oak Hill Road.
5. A majority of the parcel is located in the secondary foreground viewshed designation. The
proposed development does not appear to adversely impact the viewshed, therefore no
further action is recommended.
Recommendations:
1. Since the parent parcel is greater than 10.5 acres, at least 75% (10.2 acres) of the parcel
must be protected as open space therefore all requirements of WDB 31.7 apply.
2. The wetlands must be delineated in any areas proposed as building envelopes. Per WDB
31.7.2.1, all wetlands and wetland buffers must be included in the open space.
3. The proposed building envelopes for the proposed 4-acre lot must be situated in a way that
minimizes the fragmentation of the core wildlife habitat and travel corridors. This means
siting development as near as possible to Oak Hill Road and Sunset Hill Rd, thereby
leaving larger areas of land undeveloped. Per WDB 31.7.2.2, open space must include
conservation areas, which include significant core wildlife habitat and travel corridors, to
the greatest extent possible. Hedgerows must remain intact.
4. The applicant should provide a 20 foot alternative path easement along Oak Hill Rd.
Approved by the Williston Conservation Commission Date: 10/16/13
______________________________________________________________________________________
MEMORANDUM
To: Ken Belliveau, Planner
CC: Bruce Hoar, Public Works Director
From: Lisa Sheltra, Public Works Department
Date: October 7, 2013
RE: Pre-Application Goldman Subdivision
Public works has completed a technical review of the above referenced plan. Project shall conform to all
Public Works Standard Specifications. As-Built plans and Engineering Certifications are required at the
completion of the project. Please provide a written response to the following items prior to receiving
approval for the project:
Access permit application will be required for each new lot.
Provide copies of the state wastewater permit once issued.
____________________________________________________________________________________
Williston Development Review Board – October 22, 2013
DP 14-08, Goldman Subdivision, Pre - Application Review
Staff Notes
Application No: DP 14-08
Name: Goldman Subdivision
Tax Parcel #:20:021:089.000
Property Address: 21 Sunset Hill Road
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
24
Zoning District: Agricultural Rural Residential
(ARZD)
Total Acres: 13.66
Overview
This is a request for pre-application review for a proposed 3-lot residential subdivision of a 13.66 acre
parcel in the Agricultural/Rural Residential Zoning District (ARZD). The subject property is located
on the south side of Sunset Hill Road. The property is currently developed with one single family
dwelling, addressed as 21 Sunset Hill Road.
The proposal calls for the creation of a two-acre lot surrounding the existing single family dwelling on
the subject parcel, one new four-acre lot planned for one single family dwelling, and a 7.66-acre open
space lot. If the DRB approves the pre-application to move forward to the growth management stage of
review in early 2014, the applicant will request one unit of residential growth management allocation
for the new dwelling.
As an application for a subdivision of a parcel 10.5 acres or greater in size in the ARZD, a minimum
75% open-space set-aside (just over 10.25 acres) is required by the bylaw. The applicant proposes to
protect open space by the creation of the entirely restricted open space lot as well as by creating
building envelopes around the existing structure and the location of the new proposed dwelling.
Project History
This is the first time a pre-application for a residential subdivision on the subject parcel has been
reviewed by the DRB.
Review by other Boards and Town Departments:
Williston’s police, fire, and public works departments reviewed the project. The police department had
no comments at this time.
Williston Public Works’ comments (attached) requested that the applicant obtain an access permit for
the new home site and provide copies of all state permits once they are received. Staff has prepared a
set of proposed recommendations that include a requirement that the applicant address all of Public
Works’ comments prior to the filing of an application for a discretionary or administrative permit, as
appropriate.
The Williston Fire Department’s comments are attached to this report below. The fire department
comments that water supply for firefighting is limited in the area and that while the addition of one
dwelling unit does not generate the requirement for an on-site water supply, further development
could.
The Williston Conservation Commission also reviewed this project and their findings and
recommendations are attached to this report below.
The conservation commission recommends that wetlands near the proposed building envelopes be
delineated to ensure that all wetland areas and buffers are included in the proposed protected open
space. The conservation commission also notes that the proposed building envelopes are in a wildlife
travel corridor and that new dwellings should be situated as close to Oak Hill Road or Sunset Hill Road
as possible to minimize impacts to that corridor. Finally, the commission has recommended a proposed
location where a trail easement could be provided. Staff has drafted a recommendation of the DRB
adopting all of the conservation commission’s recommendations.
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
25
Staff Comments:
Use:
The proposed subdivision will be for the purpose of adding a new single-family dwelling unit to the
parcel. Single and two-family dwelling units are an allowed use in the ARZD.
Residential Density:
The applicant is proposing a subdivision which will result in two dwelling units on 13.66 acres of land,
where the maximum allowed residential density in the zone is one dwelling unit per 80,000 square feet
(1.83 acres).
The Williston Development Bylaw (WDB) Chapter 19 Density does require that lands with wetlands,
wetland buffers, and slopes in excess of 30% be taken out of that density calculation, and that lands
with slopes between 15 and 29.9% be calculated at a reduced density of one dwelling unit per ten
acres.
There are some wetlands on the site. Staff has made an attempt to estimate the extent of the wetlands
for the purposes of determining the potential number of dwelling units that could be built on the site,
but recommends that the extent and size of wetlands on the site be shown on an application for a
Discretionary Permit so a more accurate calculation can be made.
Staff has made an initial assessment of these constraints and has determined that the subject parcel is
constrained as follows:
Constraint
Acres
Allowable
density/Acre
Allowable Dwelling
Units
wetlands, wetland and
stream buffers and
slopes 30% and greater
2
0 Dwelling units/Acre
0
slopes 15-29.9%
0
ARZD: 1 Dwelling
unit/10 acres
0
unconstrained
11.66
ARZD: 1 Dwelling
unit/ 1.83 acres
6.34
Totals
13.66
n/a
6.34
Because WDB 1919.1.3.3 requires rounding down to the nearest whole number when determining
residential potential, the maximum number of dwellings allowed on the parent parcel is six. Staff
emphasizes that while this calculation is based on an estimate of the extent of the wetlands, a
significant portion of the site (almost 10 acres) could be wetland and the site would still support the
additional dwelling unit as requested by the applicant.
Access:
The new proposed dwelling unit is proposed to be accessed from a new driveway. WDB 13 allows
direct access from new driveways to local roads like Sunset Hill Road, but the DRB may require the
consolidation of access if it so wishes.
Traffic:
Permit applications for new single family homes have to be accompanied by impact fees including
traffic impact fees. Pre-application is also the stage of review where the DRB may ask for a traffic
Town of Williston Development Review Board
Minutes of October 22, 2013
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26
impact study if they so desire. Staff notes that in Williston, one new single-family dwelling would be
expected to add just over one new PM-peak hour trip end to Sunset Hill Road, and that in this low-
density area, staff does not recommend requiring a traffic study.
Staff Recommendation:
Staff recommends that the project be allowed to move forward to growth management review with the
following recommendations.
Recommendations:
1. All proposed findings and recommendations made by the Williston Conservation Commission at
their 10/16/2013 meeting shall also be adopted as Pre-Application recommendations.
2. All comments made by the Department of Public Works and stated in their memo dated 10/7/2013
shall also be adopted as Pre-Application recommendations. The applicant shall meet all Public
Works Standard Specifications.
3. The applicants shall include boundaries of building envelopes, which will also be considered
clearing limits, as part of an application for a discretionary permit.
4. An application for a Discretionary Permit for this project must include the extent and size of all
wetlands present on the site.
MOTION:
As authorized by WDB 6.6.3, I, Brian Jennings, move that the Williston Development Review
Board, having reviewed the application submitted and all accompanying materials, including
the recommendations of the town’s staff and the advisory boards required to comment on this
application by the Williston Development Bylaw, and having heard and duly considered the
testimony presented at the public hearing of October 22, 2013, accept the recommendations
proposed by staff for the review of DP 14 - 08, and authorize the applicant to proceed
Residential Growth Management Allocation.
SECONDED by: Rebecca Tharp VOTE: 6 – 0 AYES
Speaking from the audience was Ms. Beverly Boutin, 2041 Oak Hill Road, Joanna Boyce, 45 Pebble
Lane (didn’t sign sheet) and Mr. Richard Munson, 45 Pebble Lane (didn’t sign sign-in sheet)
8:50 P.M. Closed public hearing for DP 14 – 08 Goldman subdivision
_________________________________________________________________________________
III. Minutes of September 24, 2013 and October 8, 2013.
MOTION of minutes for September 24, 2013:
I, David Turner, make a motion to approve the minutes of September 24, 2013, as written.
Seconded By: Brian Jennings VOTE 5 – 0 – AYES -1 (Bendzunas abstaining)
___________________________________
MOTION of minutes for October 8, 2013:
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
27
I, Rebecca Tharp, make a motion to approve the minutes of October 8, 2013 with the
change made to amend the approved motion on page 13, to add the second paragraph of the
motion that reads:
This approval authorizes the applicant to file Final Plans, obtain approval of
those plans from staff, and then seek an Administrative Permit for the
proposed development, which must proceed in strict conformance with the
plans on which this approval is based.
adding it back into the motion to have staff approve the Final Plans for the North Country
Sportsman’s Club proposal.
SECONDED by: Brian Jennings BOTE 5 – 0 AYES – 1 (Bendzunas abstaining)
_____________________________________________________________________________________
IV. Communications or Other Business
_______________________________________________________________________________
8:50 P.M. Closed the public hearing to go into executive session.
____________________________________________________
9:39 P.M. Reopened the public hearing from executive session.
Chairman Rieley reopened the public forum to allow someone to speak.
Speaking from the public was Mr. John Bendzunas, 7732 Williston Road, who wanted to add
a comment to clarify the minutes of October 8
th
to say he was in favor of locating the bus stop
near the library as proposed in the original renderings. He is opposed to the bus stop being
located in front of the statue and bandstand where it will be obstructing the green space.
The public hearing continued to hear the motions and votes on the applications heard that
evening.
_____________________________________________________
V. Adjournment
MOTION:
Peter Kelley made the motion to adjourn the meeting.
SECONDED by: John Bendzunas VOTE: 6– 0 AYES
9:52 P.M. The meeting was adjourned.
Town of Williston Development Review Board
Minutes of October 22, 2013
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28
For further information, please call the Planning & Zoning offices at 878-6704 or visit the offices in the
Annex at 7878 Williston Road.
*See following attachments for: CCTA bus shelter; Lacasse proposed amendment; Novak 3-lot
subdivision; Michael Bruce 3-lot subdivision; Goldman 3-lot subdivision
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
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CCTA Bus Shelter
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
30
Lacasse Amendment DP 13 - 08
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
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Novak 3-lot subdivision
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
32
Town of Williston Development Review Board
Minutes of October 22, 2013
Page
33
Goldman subdivision
