washburn; ms. debra bell; ms. maureen o’brien;f506b13c-605b-4878-8062... · washburn; ms. debra...

Town of Williston Development Review Board

Minutes of February 24, 2015

Page

1

TOWN OF WILLISTON

DEVELOPMENT REVIEW BOARD

February 24, 2015, 7:30 PM

Town Hall Meeting Chamber

Minutes approved March 24, 2015 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: Brian Jennings; John Bendzunas; David Turner; John Hemmelgarn; and

Rebecca Tharp.

Absent members: Scott Rieley and Peter Kelley.

Staff: Carol Daigle, Matthew Boulanger, and Ken Belliveau.

Others: Ms. Esther Lotz; Mr. Matthew Cohen; Mr. Kevin Hunt; Ms. Linda Crossman; Ms. Erin

Washburn; Ms. Debra Bell; Ms. Maureen O’Brien; and Mr. Andy Rowe.

.

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 Hearing

DP 15 – 16: Rieley – Cohen Partnership LLC, Mr. Scott Rieley, PO Box 4279, Burlington,

VT, 05406, is requesting Discretionary Permit review for a change of use at 200 Boyer Circle,

(Lot 12), condo unit 2, to include outdoor storage, a fence, landscaping and a Master Sign

Plan in the Industrial Zoning District West (IZDW).

DP 15 – 17: D.E.W. Blair Park Investments LLC, 277 Blair Park Road, Williston, is

requesting Discretionary Permit review to add outdoor storage areas and a landscaping

buffer at 14 Corena Court, in the Industrial Zoning District West (IZDW).

III. Minutes from January 27, 2015 DRB meeting



Page

2

IV. Communications, Final Plans and Other Business

Final Plans: DP 14 - 21 All-Metals Recycling.

V. Adjournment

7:34 P.M. Opened Public Forum

7:34 P.M. Opened Public hearing

DP 15 – 16: Rieley – Cohen Partnership LLC, Mr. Scott Rieley, PO Box 4279, Burlington, VT,

05406, is requesting Discretionary Permit review for a change of use at 200 Boyer Circle, (Lot 12),

condo unit 2, to include outdoor storage, a fence, landscaping and a Master Sign Plan in the

Industrial Zoning District West (IZDW).

Representing the application was Mr. Andy Rowe, Lamoureux & Dickinson, 14 Morse Drive,

Essex, VT 05452.

Mr. Boulanger briefly reviewed his staff notes for the board and applicant. He noted the structural changes;

reconfiguration of the parking, fence, and building a group of storage sheds. This is also a multi-tenant

space so a master sign plan was also scheduled to be heard. The proposed uses are automotive and a

landscaping business, both uses are allowed in the IZDW. Historically these has been some informal

outside storage. Customer parking would be separate from truck parking. He commented on the number of

parking spaces, the storage sheds would be 3-sided concrete sided, with steel roofs;, 20’ high; the type II 9’

wide landscaping buffer. He explained 3 parking spaces are entirely or partly in the 35’ setback which are

existing non-conforming and illegal and would not be allowed under current bylaws. No change is being

required. There would be no new outdoor lighting added. Board members asked if the planned landscaping

species would be salt tolerant species; they were informed they would be. The number of street trees would

be sufficient.

Mr. Rowe explained the salt would be under cover in a storage area behind the building and there would be

covers for the equipment when not being used for the season. No materials would be stored at the northern

edge of the building that would drain toward the hedgerow.

Mr. Boulanger reported no work was proposed near the Muddy Brook or the 150’ buffer to the brook. The

property is right up to and contains part of the 150’ the buffer area. The applicants are planning to remove a

bit of gravel that has accumulated over the years in the buffered area. The project will need to meet state run

off and erosion requirements as well as any stormwater issues.

Mr. Rowe informed the board the issue of stormwater raised by DPW has been addressed. He mentioned

water off the roof top slopes toward the front. The client didn’t want water draining toward his stored salt.

Board members raised questions about screening of dumpsters; the color of the top of the metal roof and

materials of the three-sided storage units; about existing lighting (some downward and some were not);



Page

3

trees in the back of the lot; truck parking; 8 regular parking and ADA parking and questions as to where the

remaining slots were located; and large vehicles seen in photos parking over the property line.

Mr. Rowe admitted the current owner was not totally aware of where the property lines were located. The

new tenant would honor the lines.

_______________________________________________________________________________

Staff Notes

Williston Development Review Board – February 24, 2015

DP 15-16 Rieley Cohen: Outside Storage and Sheds

200-204 Boyer Circle

Application No: DP 15-16 Name: 200-204 Boyer Circle

Outside Storage and Sheds/Bunkers

Tax Parcel #: 07:085:017.001 and .002 Property Address: 200-204 Boyer Circle

Zoning District: Industrial Zoning District West

(IZDW)

Parcel Size: 1.93 acres



Page

4

Overview: This is a request for a discretionary permit to build a group of storage sheds, to add outside storage

and landscaped screening, and to reconfigure parking at 200-204 Boyer Circle in the IZDW. The

applicant is also requesting a master sign plan for the multiple tenants on the property, but the

master sign plan is addressed in a separate staff report with its own findings, conclusions, and

conditions of approval.

Permit History:

This is the first time the DRB has reviewed this proposal. The parcel is part of the Adams Park

subdivision, originally approved by the Planning Commission in February of 1987. The site was

constructed shortly after that in May of 1988.

Recommended Action:

Staff recommends approval of this discretionary permit with findings of fact, conclusions of law,

and conditions of approval as noted below.

Planning Staff Comments:

Use:

Per the Williston Development Bylaw (WDB) 36, a broad range of automotive repair, equipment

storage, construction, and other industrial uses are allowed in the IZDW. The applicant is proposing

to make the changes to the site to allow a property management company to occupy half of the

building. The proposed outdoor storage and sheds or bunkers will be used by that company to store

equipment and materials, including salt. The remainder of the building will continue to be used by

an automotive body shop.

WDB 36, the chapter governing allowed uses in the IZDW, states that repair and maintenance uses

under the North American Industrial Classification System (NAICS) category 811 and Services to

Buildings and Dwellings (NAICS 5617) are allowed uses.

Parking and Traffic:

The applicant is proposing to reconfigure the site to distinguish the vehicle parking from the outside

storage and equipment parking portions of the site. The applicant is proposing 12 parking spaces

including one ADA space as well as a bicycle rack. The applicant is also proposing to create spaces

for eight trailers or other pieces of machinery.

The building is 10,046 square feet in size. WDB 14.A sets the baseline parking requirement for

industrial uses at one parking space per 1000 square feet, but allows the DRB or administrator to

grant applicants flexibility. Staff recommends that 12 spaces are appropriate for this building and

use.

Staff notes that three parking spaces that are at least partially in the 35-foot setback to the right-of-

way of Boyer Circle are proposed to remain in place. At the time this property was developed,

parking was allowed in street setbacks, whereas today those setbacks apply to all new development.

On-site Infrastructure and Maintenance:

The applicant has shown the locations of dumpsters and snow storage areas, as well as a proposed

fenced outdoor storage area for smaller pieces of equipment or material. The site is served by town

water and sewer and no new demand for capacity of these is proposed.



Page

5

Accessory Structures:

The proposed bunkers will be the only accessory structures on the site. The bunkers are proposed to

be constructed of concrete block with metal roofs. The structures are not proposed to exceed 20 feet

in height.

Design Review:

The proposed development is not within the Design Review District.

Landscaping and Buffering:

The applicant is proposing to add a 140-foot long landscaped buffer to the west of the proposed

bunkers and outdoor storage area. The proposed buffer will be comprised of four to five-foot tall

arbor vitae trees planted three feet on center. In the terms of the requirements of WDB 23, this is

classified as a 9-foot wide Type II buffer. If the site was being completely redeveloped, a 9-foot

wide Type III buffer would be required along the entire side property line.

Outdoor Lighting:

No new outdoor lighting is proposed as a part of this project.

Street Trees:

Street trees were planted on the property as part of the original development of the site. Along the

properties’ 192-foot frontage on Boyer Circle, there are five mature street trees present today, in

keeping with today’s requirement for street trees every 40 feet in nonresidential developments.

Special Flood Hazard Areas:

Although the property abuts Muddy Brook, no work in any Special Flood Hazard Areas (SFHA’s)

is proposed.

Watershed Health:

The property is impacted by a 150 foot watershed protection buffer from the edge of Muddy Brook.

The applicants are proposing to remove some existing gravel within the setback and to re-seed that

area with grass. There is a stormwater treatment swale and pond on the property within the 150-foot

setback distance.

The proposed bunkers will abut the 150 foot setback to Muddy Brook. Given the possible use of the

bunkers to store salt, the flat nature of the developed portion of the site, and the proximity to the

brook, staff recommends that the applicant provide construction details with final plans showing

how runoff for the site will be prevented from entering the bunkers and transferring into the

stormwater treatment facilities and brook.

Because the total amount of disturbance proposed is under ¼ acre (10,890 square feet), the project

is exempt for the runoff and erosion control standards of WDB 29. However, the overall

development is required to meet these standards and to continue to meet the requirements of its

state stormwater permit.

Review by other Departments:

This project was reviewed by Williston Public Works (comments attached) who asked for any

necessary documentation regarding stormwater compliance and for a calculation of any new

impervious surface being added to the site. Staff has added a condition of approval requiring that

the applicant address the DPW comments.



Page

6

Staff Recommendations:

Staff recommends the following Findings of Fact, Conclusions of Law, and Conditions of

Approval:

Findings of Fact: 1. The applicant is proposing to build a group of storage sheds, to add outside storage and landscaped

screening, and to reconfigure parking at 200-204 Boyer Circle in the IZDW.

2. The applicant is proposing to make the changes to the site to allow a property management

company to occupy half of the building. The proposed outdoor storage and sheds or bunkers will be

used by that company to store equipment and materials, including salt. The remainder of the

building will continue to be used by an automotive body shop.

3. Auto body (NAICS 8111) and property management company (NAICS 5617) uses are allowed in

the IZDW.

4. The building on the site will continue to have 10,400 square feet in an industrial use.

5. The applicant is proposing to provide 12 parking spaces.

6. WDB 14.A requires one parking space per 1,000 square feet.

7. The applicant is proposing outside storage and new fencing and screening

8. WDB 36 allows for outside storage in the IZDW where it is proposed in a side or rear yard and

where it will be fenced or screened.

9. The applicant is proposing to build a series of four roofed bunkers with concrete walls and metal

roofs, ranging in size from 20 by 17 feet to 20 by 25 feet in size. The proposed height of all of the

bunkers is less than 20 feet.

10. The proposed bunkers are directly adjacent to the 150 foot watershed protection buffer to Muddy

Brook.

11. The site also contains a stormwater treatment swale and pond within the 150 foot buffer to Muddy

Brook.

Conclusions of Law:

1. The proposed auto body and property management uses can be approved.

2. The DRB can approve 12 parking spaces on the site given the size and use of the building.

3. The proposed outside storage can be approved.

4. The proposed bunkers can be approved adjacent to the 150 foot setback to Muddy Brook, where the

applicant takes measures to prevent stormwater from entering the bunkers and the materials stored

therein from washing into the Muddy Brook or the stormwater treatment facilities on the site.

Conditions of Approval:

1. The applicants shall file final plans for approval and signature by the DRB or Administrator as

delegated 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. Following the signing of final plans, the applicants shall first obtain an administrative permit(s) prior

to starting any work proposed as part of this project.

3. Prior to obtaining any administrative permits associated with this development proposal, the

applicant shall provide full payment of any required impact fees as specified under WDB Chapter 45

and the Williston Impact Fee Ordinance.



Page

7

4. Prior to obtaining Administrative Permits for this development proposal, the applicant shall obtain

any necessary sewer allocation for the proposed development and shall provide documentation of

allocation with their permit application.

5. No occupancy or use of the proposed buildings shall take place until a Certificate of Compliance has

been issued signifying that all conditions of any required permits from the Town have been satisfied.

Verification that the Fire Department’s comments have been satisfied shall also be required prior to

the issuance of a Certificate of Compliance.

6. All mechanical equipment and utility connections including but not limited to HVAC, water, gas,

antennae, and electrical meters and connections shall be fully screened from public view, unless

otherwise authorized by the DRB, as required by WDB 18.12.

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. Final plans must show how the bunkers will be designed to prevent stormwater from entering the

bunkers and the materials stored therein from washing into the Muddy brook or the stormwater

treatment facilities on the site.

10. Final plans must address the comments made by Williston Public Works in their memo dated

January 28, 2015.

11. Materials and colors of the outside storage structure shall be consistent with primary building.

12. Dumpsters shall be enclosed in an enclosure.

13. The applicant shall verify that lighting is downward facing and fully shielded in compliance with the

W.D.B. and submit photos and/or cut sheets to staff for approval.

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 February 24, 2015, accept the Findings of Fact

and Conclusions of Law proposed by staff and approve DP 15 - 16 amendment for the

proposed outdoor storage, bunkers, and parking reconfiguration.

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.



Page

8

Conditions # 11, 12, and 13 were added:

11. Materials and colors of the outside storage structure shall be consistent with primary building.

12. Dumpsters shall be enclosed in an enclosure.

13. The applicant shall verify that lighting is downward facing and fully shielded in compliance

with the W.D.B. and submit photos and/or cut sheets to staff for approval.

SECONDED by: Rebecca Tharp VOTE: 5 – 0 AYES

No one spoke from the audience.

7:52 P.M. closed public hearing for DP 15 – 16.

_______________________________________________________________________________

7:52 P.M. Opened public hearing for DP 15 – 16 Master Sign Plan

Mr. Boulanger described the proposed 118 sf of signage requested. There are 2-24’ wall signs and 4 –

directional signs on site at 4 sf; and 20% window decals allowed. One of the free standing signs is to be

modified (30 sf) and one will be removed. No illumination for the signs is being proposed.

Mr. Rowe added the final plans will reflect the landscaping around the free standing sign.

_______________________________________________________________________________


Staff Notes- DP 15-16 – Rieley Cohen Partnership, LLC

Application No: DP 15-16 Name: 200-204 Boyer Circle

Master Sign Plan

Tax Parcel #: 07:085:017.001 and 002 Property Address: 200-204 Boyer Circle

Zoning District: Industrial Zoning District West,

(IZDW)



Page

9

Overview:

This is a request for a discretionary permit for a new master sign plan at 200-204 Boyer Circle in

Adams Park in the Industrial Zoning District West. This master sign plan is submitted with DP-15

(for addition of outside storage) in accordance with the Williston Unified Development Bylaw

(WDB) Section 25.5.1., which requires a master sign plan to accompany discretionary permit

applications for buildings with multiple tenants. This building contains two (2) units with separate

tenants. There are two (2) existing freestanding signs on-site. In the proposed master sign plan, the

Applicant seeks approval to decommission the northern-most freestanding sign, and to increase the

size of the other. The proposed master sign plan also includes two (2) wall signs, 2 window signs,

and up to four (4) directional signs. No illuminated signs are proposed.

Master Sign Plan:

WDB 25.5 provides a mechanism by which a commercial site may gain approval for a master sign plan

from the DRB. Master sign plans are required in Williston:

for a new or existing commercial building that will or could have multiple tenants,

for a type of sign that can only permitted under a master sign plan, such as awnings,

For a greater number of signs or for signs that are larger in size than are allowed by WDB

25.A.



Page

10

In this case, a master sign plan is required because:

the site contains or could contain multiple commercial tenants.

the applicant is proposing directional signs that are larger than the 2 square foot maximum size

allowed by WDB 25.A., which must be included in the tabulation of total square footage in the

master sign plan, per WDB 25.7.9.

Proposed Signs:

The applicant is proposing wall, directional, window and freestanding signs, as follows:

Proposed and Existing Signs, 200-204 Boyer Circle Master Sign Plan

Sign Type Existing or Proposed Designation on Site Plan

Maximum Allowable Size Without A Master Sign Plan

Proposed Maximum Size, square feet

Wall proposed C 24 square feet 24 square feet

proposed D 24 square feet 24 square feet

Total Wall Signs: 48 square feet

Directional

proposed G 2 square feet 4 square feet

4 @ 4sf each “ “ 4 square feet

“ “ 4 square feet


Total Directional Signs: 16 square feet

Window proposed E 20% of Window 12 square feet

proposed F 20% of Window 12 square feet

Total Window Signs: 24 square feet

Freestanding existing (to be modified) A 32 square feet 30 square feet

existing (to be removed) B 32 square feet 0 square feet

Total of Freestanding Signs: 30 square feet

Total of All Existing and Proposed Sign Area: 118 square feet

Calculating Signage under a Master Sign Plan

WDB 25 allows a maximum potential amount of allowable signage under a master sign plan at 8%

of the area of the street facing elevation of the building on the site. The applicant’s proposal

compares to that maximum as follows:

Area of the Street-Facing Building Elevation: 2,380 square feet

Percentage of Building Elevation: 8%

Maximum Potential Sign Area Allowed 190.4 square feet

Proposed Sign Area 118 square feet

Frontage Calculation:

The frontage calculation was made using the eastern building face. It uses a building length of 140

feet and an average building height of 17 feet, for a façade area of 2,380 square feet.

Sign Types not Proposed: None.

Special Findings:

None.



Page

11

Findings of Fact: 1. The applicant proposes to install signs, including wall, directional, window and freestanding signs

at 200-204 Boyer Circle.

2. The DRB makes the following findings related to the proposed signs identified above. The signs

proposed by the applicant and described above are:

a. Consistent with the 2011-2016 Williston Comprehensive Plan:

i. Because the WCP requires multi-tenant properties to be regulated under master

sign plans and calls for flexibility in the administration of master sign plans,

including the allowance for larger or more numerous signs where they may be

appropriate;

Conclusions of Law:

1. A master sign plan is required for any new signage to be installed at 200-204 Boyer Circle,

including new signs proposed as a part of this application.

2. The applicant’s master sign plan, as proposed, complies with all of the requirements of WDB 25-

Signs and Public Art.

3. The applicant’s master sign plan, as proposed, may be approved in accordance with WDB 25

subject to the following conditions:


1. Final plans must be filed within one year of the date of the notice of decision of this approval or it

becomes void.

2. This approval authorizes the applicant to file final plans and to pursue administrative permits based

on those final plans to install the following signs.

3. The signs listed in the following table are the only signs authorized for the subject property, and no

other signage can be placed on the site without the express approval by the DRB of an amendment

to this master sign plan.


Sign Type Approval

Status Designation on Site Plan

Maximum Allowable Size

Without A Master Sign Plan

Proposed Maximum Size,

square feet

Wall approved C 24 square feet 24 square feet

approved D 24 square feet 24 square feet

Total Wall Signs: 48 square feet

Directional

approved G 2 square feet 4 square feet

4 @ 4sf each “ “ 4 square feet



Total Directional Signs: 16 square feet

Window approved E 20% of Window 12 square feet

approved F 20% of Window 12 square feet

Total Window Signs: 24 square feet

Freestanding approved A 32 square feet 30 square feet



Page

12


Sign Type Approval

Status Designation on Site Plan

Maximum Allowable Size

Without A Master Sign Plan

Proposed Maximum Size,

square feet

Total of Freestanding Signs: 30 square feet

Total of All Existing and Proposed Sign Area: 118 square feet

4. Final plans must show all existing and proposed sign locations, (except directional signs, which

may be placed as needed) in plan and elevation view and must include a table of approved sign

locations and dimensions, sorted by sign type.

5. Prior to installing any signs or beginning any work, the applicant shall obtain administrative

permits, which may only be issued following the approval of final plans.

6. The base of the proposed permanent freestanding sign(s) must be landscaped with perennial and/or

annual plantings as required by WDB 25.7.2.1. Landscaping to meet this requirement must be

shown on the final plans.

MOTION:

As authorized by WDB 6.6.3, I, John Hemmelgarn, move that the Williston Development

Review Board, having reviewed the application materials 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 Unified Development Bylaw, and

having heard and duly considered the testimony presented at the public hearing of February

24, 2015, accept the findings of fact, conclusions of law and conditions of approval proposed

by staff for the review of DP 15 - 16 and approve this Discretionary Permit for a Master Sign

Plan.

This approval authorizes the applicant to submit final plans, obtain approval of these plans

from staff, and then seek an Administrative Permit for future development, which must


SECONDED by: David Turner VOTE: 5 – 0 AYES

No one spoke from the audience.

7:56 P.M. Closed DP 15 – 16 Master Sign Plan.

_______________________________________________________________________________

7:56 P.M. Opened DP 15 – 17

The chairman pointed out this application affects two parcels in two different zoning districts: the

Industrial Zoning District West, and 277 Blair Park Road is located in the Business Park Zoning

District.



Page

13

DP 15 – 17: D.E.W. Blair Park Investments LLC, 277 Blair Park Road, Williston, is requesting

Discretionary Permit review to add outdoor storage areas and a landscaping buffer at 14 Corena

Court, in the Industrial Zoning District West (IZDW).

Representing the application was Ms. Debra Bell, Trudell Engineering Consultants, 378

Blair Park Road, Williston.

Mr. Boulanger reviewed his staff notes for the board and applicant. This is a request for outside

storage, access between the two lots, and landscape buffers. The boundary line between the lots

forms the division of the two zoning districts of Industrial Zoning District West and Business Park

Zoning District. He mentioned the history of parking vehicles on a portion of the area that was

approved by the PC in 1993. The property at Corena Court has become an outdoor storage area

where construction equipment has been parked an access drive between the two parcels was

established without a permit or approval from the DRB. He pointed out there was a broad range of

uses on this Corena Court siter: outdoor storage, multifamily/ residential non-conforming use, and

a storage barn. No change or a change to the intensity of use at 14 Corena Court is being proposed.

The 277 Blair Park address parcel is used for offices including the construction company offices.

No structures are proposed for Corena Court. The area proposed for storage is different from the

1993 proposal. The applicant is proposing to remove 12 vehicle parking spaces and 4 spaces for

long trucks to park and replaced them with a more formal parking plan with a larger area for

outside storage and informal parking of vehicles. The #277 side has an office use with the vehicle

and pedestrian access to Corena Court. There are 8 parking spaces for the current residential use,

and no changes are proposed. He didn’t see any snow storage area(s) on the plans and he needs to

see where that would be located. He mentioned the landscaping proposed (type II buffer – 13’

wide); the power line easement and the evergreen hedge. No outdoor lighting is being proposed.

He touched on the class III wetland shown on the 2007 site plan.

The DPW is requesting an extension of the sidewalk along the Corena Court parcel (lot 5) which

currently stops at the edge; a plan showing existing and new impervious areas; documentation of

compliance of the state stormwater discharge permit; and to clarify sewer service. He pointed out

where the sidewalk is lacking and suggested options to the DRB. He recommended approval of

the application.

Ms. Bell, speaking for the applicant, outlined what was previously approved when the Blairs

owned the property. D.E.W. acquired the property after Mrs. Blair died. She described what she

found when she viewed the site as containing many trailers; many staging frames, storage in

‘dropped’ containers; a job trailer; stacked florescent orange barrels, and no construction

happening in the storage area. She described the access connection as being gravel.

Mr. Belliveau pointed out the access connection was covered with asphalt and had not been

permitted.

Ms. Bell spoke about the landscaping, the 150’ Velco easement and height restrictions within the

easement; the types of landscaping Mr. Boulanger mention; and the existing garage had both water

and sewer connections. She reported the applicant’s opinion was the DPW was using this

application to gain 60’ of sidewalk. They are asking the board to defer the construction to such



Page

14

time as when the property is redeveloped. They recognize the property is not at its highest and best

use. When considering the cost of landscaping plus the sidewalk, it becomes an issue of

affordability. They question the need for and support of a sidewalk at this time.

There was discussion between Ms. Bell and board members concerning the location of the storage;

how much space was needed for storage; Ken’s viewing of the site after noise complaints were

made and finding the violations, the unpermitted access with the storage abutting properties on

O’Brien Court; and it was pointed out a residence exists where people could be walking this

sidewalk connection. Board members had questions about the 12’ height limitation under the

Velco easement, how big the new trees would be when planted, and how high are the

trucks/trailers this landscaping would be screening. Ms. Bell estimated the height of the

materials/vehicles to be screened would be eight feet. She reported the new trees would be in 3-

gallon containers and start about 5’- 6’. A member countered the job trailer must be 10’ – 12’ high.

Ms. Bell described that trailer as being temporary. When asked what the screening was for, she

listed the existing materials being stored. This included the job trailer, the drop metal containers, a

type of control unit, and general contractor materials that are used off and on during the

construction season. A board member asked about the increase in impervious surfaces in both lots,

and another member asked if the existing storage was permitted.

Mr. Belliveau pointed out the reason the board was seeing this application was because some of

the activity on the Corena Court property was not permitted, nor was the access connection

permitted.

Ms. Marlene O’Brien, 119 O’Brien Court, spoke from the audience about a history of a giant junk

area; she submitted photos (see attachments) showing what the storage area looked like; she

mentioned seeing toxic 55 gallon paint containers strewn around the property; she mentioned past

agreements between the developer and town government; she talked about Act 250 covenants; a

restriction for professional building only; a 100’ no build zone; 200’ setbacks for landscaping; how

the area has morphed over the years to industrial; truck movements between the two lots; how it

sounded like an air compressor all day long; beeping; and junk going out by truck. She spoke

about a lack of transition from industrial to residential uses. She spoke about concerns she claimed

the town had about this property in the past and ACT 250 limitations in their permit.

Mr. Belliveau expressed his opinion her concerns may be issues related to Act 250 enforcement;

the town can’t enforce those permits. Staff administers the town’s codes. He suggested she contact

the Act 250 office to speak of her concerns. He pointed out the transition from Corena Court in the

industrial zone, to the 277 Blair Park Road property being in the business park zone, which abutted

O’Brien Court in the residential zone. His conversations with D.E.W. were about outside storage

that is allowed in the industrial zone.

Ms. O’Brien pointed out the “intent” of the zoning board, the town, and other boards in the past

were the protective covenants to protect the residential neighbors that were there. She added what

has been going on has been occurring for several years. She played an audio recording of the noise

from her deck last summer. She felt the noise was becoming unbearable. Last year for the first time

in 35 years she had water in her basement which indicated to her something is changing.



Page

15

Ms. Linda Crossman, 22 Corena Court, a tenant in the residential dwelling, spoke of how

disappointed Mrs. Blair would be to see what has happened to this property. She spoke of how

deer used to be seen in the evening in Blair Park, and how they disappeared three years ago with

the noise and expansion on this site. The site definitely needed screening as it looked disgusting.

Ms. O’Brien spoke again about the noise, the traffic and what appeared to be oil containers. She

added other neighbors were just as concerned.

In response to a question from the board, Ms. Bell didn’t know how often these containers were

loaded or unloaded and the noise made.

Ms. O’Brien answered a question as to how these vehicles are picking up or delivering these

containers by access through Corena Court, past the residential dwelling.

Ms. Bell was asked the purpose of the access between the two lots and her response was access for

passenger vehicles such as a pickup truck. Corena Court was being used by the larger vehicles.

When asked about existing lighting, such as at the barn, the board was informed a previous

condition of the 1993 approval of this site did not allow for any additional lighting. There was no

record of anyone coming back to the board to request additional lighting. Only the board could

undo what a previous board approved as a condition.

The board asked about the intent of the landscaping buffers, is it to block everything?

Mr. Boulanger talked about the by-laws and changes/functions related to the buffers including

providing a physical and visual separation between different uses. It was a change from when a

certain percentage of cost would be spent on landscaping. With different uses different buffers are

required so some are narrower than others because, in this case, it is industrial to industrial. In

answer to a question from the board, he reported the cedar hedge between the office property and

the industrial property, which appeared to have been planted in 1993, was very thick and quite

mature. He reported about 40 cedars were added in pretty dense pattern.

_______________________________________________________________________________

Staff Notes


DP 15-17 DEW Blair Park- Outside Storage and Access Drives

14 Corena Court and 277 Blair Park Road

Application No: DP 15-17 Name: 14 Corena Court and 277 Blair Park Road

Outside Storage and Access Drives

Tax Parcel #: 08:062:009.000 and

08:062:011.000

Property Address: 14 Corena Court and 277

Blair Park Road

Zoning District: Industrial Zoning District West Parcel Size: 1.93 acres



Page

16

(IZDW) and Business Park Zoning District

(BPZD)

Overview: This is a request for a discretionary permit for outside storage, access drives between two parcels of

land, and the addition of landscaped buffers to an existing developed site. One parcel (14 Corena

Court) is in the IZDW and the other (277 Blair Park Road) is in the BPZD. The existing outdoor

storage and proposed landscaped buffers are all on the Corena Court (IZDW) parcel. The proposed

access drives are on both parcels.

Permit History:

This is the first time the DRB has reviewed this proposal. The parcels were created as part of the

original Blair park subdivision. A site plan application allowing for vehicle parking on a portion of

what has become the outdoor storage on the Corena Court parcel was approved by the Planning

Commission in 1993. (See attached site plan and 1993 minutes)

The current landowner has been using the property at Corena Court for outdoor storage and has

created access drives between the Corena Court and Blair Park parcels without the benefit of a



Page

17

permit. These can be allowed, but require site plan approval under a discretionary permit by the

DRB.

Recommended Action:

Staff recommends approval of this discretionary permit with findings of fact, conclusions of law,

and conditions of approval as noted below.

Planning Staff Comments:

Use:

The site at Corena Court contains a storage barn, the aforementioned outdoor storage, and a

multifamily residential structure. Per the Williston Development Bylaw (WDB) 36, a broad range

of industrial uses are allowed in the IZDW. WDB 36, the chapter governing allowed uses in the

IZDW, states that construction uses under the North American Industrial Classification System

(NAICS) categories 31-33 are allowed. Residential uses are no longer allowed in the IZDW, so that

use is an existing nonconforming use on the site. No change to the nature or intensity of the

residential use on the parcel is proposed as part of this application.

The site at 277 Blair Park Road contains a variety of office uses, including medical, project

management, and financial services. No change in use is proposed to 277 Blair Park Road, and the

BPZD allows for a broad variety of office and personal services uses.

Parking and Traffic:

The applicant is proposing to reconfigure the site to consolidate the outside storage area and place a

landscaped buffer around it. This will eliminate (from the approved site plan) 12 parking spaces for

vehicles and 4 spaces for longer trucks and replace it with a larger area that can be used for outside

storage as well as informal vehicle parking. Parking (8 spaces) for the existing multifamily dwelling

on the Corena Court parcel will not be impacted.

No change to the parking area at 277 Blair Park is proposed, with the exception that the adjacent

parcel has been connected to it with a gravel driveway.

On-site Infrastructure and Maintenance:

The applicant has shown the locations of dumpsters. The site is served by town water and sewer

and no new demand for capacity of these is proposed. Snow storage areas are not shown on the

plan.

Accessory Structures:

There are no proposed accessory structures.

Design Review:

The 277 Blair Park parcel is within the Design Review District, but no new structures are proposed.

Landscaping and Buffering:

The applicant is proposing to add a Type II buffer that is a minimum of 13 feet wide along the

western edge of the outdoor storage area. The adjacent use to this buffer is also industrial. A

portion of the buffer falls under a Vermont Electric Cooperative (VELCO) easement and is

proposed to be planted with lower-growing perennials. The eastern boundary of the outside storage

area is partially buffered from the 277 Blair Park site by an existing cedar hedge, which is crossed

by the gravel access drive.



Page

18

Outdoor Lighting:

No new outdoor lighting is proposed as a part of this project.

Special Flood Hazard Areas:

This property is not within a Special Flood Hazard Area (SFHA).

Watershed Health:

The outside storage area is within a few feet of a wetland that was delineated as a class III wetland

in 2007.

Review by other Departments:

This project was reviewed by Williston Public Works (comments attached) who asked that a

sidewalk be added along the street frontage of the Corena Court parcel from the driveway to its

southwestern boundary along Blair Park Road. The DRB consider whether a sidewalk should be

required at this stage or when the property is redeveloped further. DPW also asked for additional

information about stormwater.

Staff Recommendations:

Staff recommends the following Findings of Fact, Conclusions of Law, and Conditions of

Approval:

Findings of Fact: 1. The applicant is requesting a discretionary permit for outside storage, access drives between two

parcels of land, and the addition of landscaped buffers to an existing developed site at 277 Blair

Park Road in the BPZD and 14 Corena Court in the IZDW.

2. The proposed outdoor storage will be used by to store equipment and materials for a construction

company.

3. Outdoor storage is an allowed use in the IZDW, when it is screened with a landscaped buffer and in

a side or rear yard.

4. Construction (NAICS 31-33) uses are allowed in the IZDW.

5. The applicant is proposing new landscaped buffers around a portion of the proposed outside

storage.

6. WDB 36 allows for outside storage in the IZDW where it is proposed in a side or rear yard and

where it will be fenced or screened.

7. The site also contains a wetland delineated as Class III in 2007 adjacent to the proposed outdoor

storage area.

Conclusions of Law:

1. The proposed construction use can be approved in the IZDW.

2. The proposed outside storage can be approved.


1. The applicants shall file final plans for approval and signature by the DRB or Administrator as

delegated 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. Following the signing of final plans, the applicants shall first obtain an administrative permit(s) prior

to starting any work proposed as part of this project.



Page

19

3. Prior to obtaining any administrative permits associated with this development proposal, the

applicant shall provide full payment of any required impact fees as specified under WDB Chapter 45

and the Williston Impact Fee Ordinance.

4. Prior to obtaining Administrative Permits for this development proposal, the applicant shall obtain

any necessary sewer allocation for the proposed development and shall provide documentation of

allocation with their permit application.

5. No occupancy or use of the proposed buildings shall take place until a Certificate of Compliance has

been issued signifying that all conditions of any required permits from the Town have been satisfied.

Verification that the Fire Department’s comments have been satisfied shall also be required prior to

the issuance of a Certificate of Compliance.

6. All mechanical equipment and utility connections including but not limited to HVAC, water, gas,

antennae, and electrical meters and connections shall be fully screened from public view, unless

otherwise authorized by the DRB, as required by WDB 18.12.

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. Final plans must address the comments made by Williston Public Works in their memo dated

January 28, 2015. A sidewalk will be required as part of any future proposal for development on the

Corena Court parcel. along Blair Park Road from Corena Court to the west side property boundary.

10. Any outdoor lighting, existing or proposed, must be in compliance with current standards, downward

facing, and fully shielded.

MOTION:

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 hearing of February 24, 2015, accept the Findings of Fact

and Conclusions of Law proposed by staff and approve DP 15 - 17 amendment for the

proposed outdoor storage, access drives, and screening.

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


SECONDED by: John Hemmelgarn VOTE: 5 – 0 AYES



Page

20

Condition #9 was changed to read: Final plans must address the comments made by Williston

Public Works in their memo dated January 28, 2015. A sidewalk will be required as part of any

future proposal for development on the Corena Court parcel. along Blair Park Road from Corena

Court to the west side property boundary.

Condition #10 was added: Any outdoor lighting, existing or proposed, must be in compliance with

current standards, downward facing, and fully shielded.

Speaking from the audience were Ms. Marlene O’Brien, 119 O’Brien Court, Williston, and

Ms. Linda Crossman, 22 Corena Court, Williston.

*See attached photos and letter

8:57 P.M. Closed public hearing for DP 15 – 17.

_______________________________________________________________________________

8:57 P.M. Closed the public hearing to go into deliberations.

_______________________________________________________________________________

9:26 P.M. Reopened the public hearing from deliberations.

_______________________________________________________________________________

III. Minutes of January 27, 2015.

MOTION:

I, David Turner, make a motion to approve the minutes of January 27, 2015, as

written.

SECONDED: by Brian Jennings VOTE: 5 – 0 AYES

_______________________________________________________________________________

IV.Communications and Other Business

Final Plans: DP 14 - 21 All-Metals Recycling.

The outcome of the discussion about approving the final plans for All Metals, including the

snow storage area (where a 3-season trailer would be removed), drawing the lease line to the street,

and street trees (along the road) or buffer required (Mr. Belliveau commented that technically this

plan didn’t meet the requirements), the board asked him to approve the final plans.

He spoke about conversations with folks at All Metals about the landscaping. Upon being

questioned by the board as to what was required he added the regulations ask for a type IV

landscaping buffer and the plan showed 2 trees. He pointed out All Metals was talking about

constructing a smaller building than previously planned and they would need to come back before

the board for an amendment. By approving these plans they would get started on the site while



Page

21

coming back with the proposal for a smaller building. Board members asked Mr. Belliveau to

approve the final plans.

_______________________________________________________________________________

V. Adjournment

MOTION:

John Hemmelgarn made the motion to adjourn the meeting.

SECONDED by: Rebecca Tharp VOTE: 5 – 0 AYES

9:45 P.M. The meeting was adjourned.

For further information, please call the Planning & Zoning offices at 878-6704 or visit the offices

in the Annex at 7878 Williston Road.

*See attachments below for DP 15 – 16 Rieley Cohen Partnership LLC and DP 15 – 17 D.E.W.

277 Blair Park and 14 Corena Court.



Page

22

Rieley Cohen Partnership LLC



Page

23



Page

24



Page

25

D.E.W Blair Park



Page

26



Page

27



Page

28



Page

29

Photos submitted by Ms. O’Brien



Page

30



Page

31



Page

32



Page

33



Page

34

washburn; ms. debra bell; ms. maureen o’brien;f506b13c-605b-4878-8062... · washburn; ms. debra...

Documents