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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 8th 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



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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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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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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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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



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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

_______________________________________________________________________________



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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.



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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.

______________________________________________________________________________________



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MOTION:

As authorized by WDB 6.6.3, I, David Turner, move that the Williston Development Review




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.



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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.

___________________________________________________________________________________


MEMO

To: DRB Staff



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



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local water supply. This will be able to be accomplished with either an on-site

pond with Fire Apparatus access, or a dry hydrant.


_______________________________________________________________________________

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


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.



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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.



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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





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



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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.

____________________________________________________________________________________


MEMO

To: DRB Staff



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.




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____________________________________________________________________________________

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.



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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.

____________________________________________________________________________________


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



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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.



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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



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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





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:



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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 8th

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.



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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



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CCTA Bus Shelter



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Lacasse Amendment DP 13 - 08



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Novak 3-lot subdivision



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Goldman subdivision

town of willistonf506b13c...in 1998 and the 2004 amendment of the lacasse subdivision. there is a...

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