Minutes
Bethel Planning Board
Drafted 5.13.10
Wednesday, May 12, 2010 Town Office
7:00 PM Regular Meeting:
Members Present: Allen Cressy, Jon Cowan, Craig Davis, Francis Dumont, Larry Engdahl, Ginger Kelly
Members Absent: Andrew Glasfeld
Staff Present: Vicki Rackliffe, Planning Assistant
Others Present: See sign-in sheet
Full content of the meeting is available in Windows Format Audio file format
1. Call to Order
At 7:00 PM Chairman Cressy called the meeting to order.
2. Opening Statement
Chairman Cressy gave a brief opening statement.
3. Declaration of Quorum
Chairman Cressy noted that Andrew Glasfeld was absent. Chairman Cressy appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, April 28, 2010
Larry Engdahl made the motion to approve the minutes of April 28, 2010, Craig Davis seconded the motion; it was unanimously approved. Ginger Kelly abstained from voting because she did not attend the meeting.
5. Communications: Signing of Final Site Plan Amendment
Bethel Early Learning Center, Map 25 Lot 238-2
Chairman Cressy verified with the Planning Assistant that the COA’s which had been added to the Final Site Plan were in keeping with the approved Findings of Fact and Decision and Conditions of Approval. The Board proceeded to sign the Final Site Plan Amendment for Bethel Early Learning Center.
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications:
1. Applicant: David Nivus & Heather Hale, Smokin’ Good BBQ
Location: Map 24 Lot 29, 212 Mayville Road
Dave Nivus presented the application for a new double-sided sign reflecting a change of name from Barbeque Bob’s to Smokin’ Good BBQ. The sign with a new graphic design will be the same size and be located in the same place above The Good Food Store freestanding sign.
Bethel Planning Board Meeting Minutes 5.12.10 (cont.)
Francis Dumont made a motion to introduce a copy of the new graphics to be used into the record, Craig Davis seconded the motion, it was unanimously approved.
Chairman Cressy noted that the applicant has standing, the applicability of Sign ordinances, and that the performance standards for setbacks, height, size (16 sq. ft.), and lighting have been met. Two businesses owned by the applicants occupy the location, The Good Food Store and Smokin’ Good BBQ.
Francis Dumont made a motion to approve the sign as presented, Ginger Kelly seconded the motion; it was unanimously approved.
B. Old Business:
1. Extension of Subdivision Approval
Project Name: Locke Summit Estates
Applicant: Locke Summit Estates, LLC
Agent: Main-Land Development Consultants
Location: Bethel Tax Map 21, Lots 2 & 3 and other land in Newry
Chairman Cressy introduced this agenda item by summarizing its status. At the 4.28.10 meeting, the Board approved an extension until 8.25.10 with the stipulation that the retention pond be completed and that the applicant appear before the Board on 8.25.10 with a Letter of Credit in the amount of $75,000, if the applicant intends to continue with the project. It was then tabled until a Findings of Fact and Decision was drafted for consideration.
Rick Dunton, Main-Land Development Consultants, was asked if he had any comments he wished to make. Mr. Dunton expressed his appreciation for the outcome of the Board’s actions.
Chairman Cressy asked for public input for or against the project. There were none.
The Board began its deliberation with a review of the draft Findings of Fact and Decision. Larry Engdahl raised a housekeeping matter about the number of lots in the approved subdivision as noted in the background summary of the project. Rick Dunton and the Planning Assistant will clarify the exact number of lots.
Jon Cowan made a motion to approve the draft Findings of Fact and Decision as presented subject to rectifying any housekeeping errors that might exist in the document, Larry Engdahl seconded the motion; it was unanimously approved.
The Chairman will sign the Findings of Fact and Decision once this matter is cleared up. No further action is required by the Board.
2. Subdivision Application
Project Name: Farwell Mountain Estates Subdivision, Phase II
Applicant: Farwell Mountain Estates, Inc.
Authorized Agent: Rick Dunton, Main-Land Development Consultants
Location: Map 22 Lot 29
Chairman Cressy gave an overview of the status of the application that had been tabled on 2.10.10 pending the Board’s receipt of outstanding application materials. The applicant has been
Bethel Planning Board Meeting Minutes 5.12.10 (cont.)
requested to provide an update. As per the ordinance, the Board and the applicant need to establish a mutually agreeable timeline for completing the review of the application.
Chairman Cressy asked if there was any public comment. There was none.
The Board began its deliberation by considering the packet materials and discussing the status of the application with the authorized agent.
Rick Dunton, Main-Land Development Consultants, proceeded to outline and discuss the three items needing closure at the time of the last official meeting as noted in his 5.5.10 letter. This included: compliance with the Road Commissioner’s letter dated 1.22.10 regarding upgrades to the pubic unpaved portion of Swan Hill Road to compensate for increased use; a new letter of financial capacity from Norway Savings Bank to show adequate available resources for construction; and completion of a maintenance agreement for the Holt Hill Road.
Mr. Dunton also explained the status of the DEP review which he expects will take the full 6-month period, anticipating a response around mid-June. Mr. Dunton believes DEP is waiting for the five-year window of the recording of the Farwell Mountain Estates, Phase I subdivision to be reached before delivering its approval.
Regarding the Swan Hill Road agreement between the Town and the applicant, Mr. Dunton will confirm the amount of money being paid to the Town of Bethel for the Town to make the upgrades in lieu of doing so themselves. A copy of the written agreement between the Town and the applicant is needed from the Road Commissioner.
Lengthy discussion took place about the Holt Hill Road agreement between the three parties that own rights to Holt Hill Road - Swan Hill at Intervale HOA, Chadbourne Tree Farms, and Farwell Mountain Estates, Inc. Each party has a deed that calls for the maintenance of the road to be shared by all three parties and for the costs to be assessed based on usage. They are currently discussing the terms of long term use agreement describing the future maintenance of the road. Holt Hill Road is currently maintained by the Swan Hill at Intervale HOA.
The Board deliberated as to whether or not the written maintenance agreement for Holt Hill Road should appear as a Condition of Approval or should be provided before approval of the subdivision.
Larry Engdahl expressed concern that since several abutters are participants in the Holt Hill Road agreement, they should be aware that it will be discussed in the future at a meeting whose date has yet to be agreed upon.
Larry Engdahl made a motion to request that the Planning Assistant send abutters notification of the next meeting that Farwell Mountain Estates Subdivision, Phase II will appear on the agenda, Craig Davis seconded the motion. Discussion continued. Larry Engdahl wished to amend his motion, Craig Davis was agreeable to the amendment.
Larry Engdahl made a motion to request that the Planning Assistant send abutters notification of the next meeting that Farwell Mountain Estates Subdivision, Phase II will appear on the agenda, because of the length of time for the application’s approval, Craig Davis seconded the motion; it was unanimously approved.
Bethel Planning Board Meeting Minutes 5.12.10 (cont.)
Mr. Dunton made a case for moving forward on the application’s approval before a written Holt Hill Road maintenance agreement is in hand, having the receipt of the document as a Condition of Approval. He cited that a deed is currently on file with the Registry that names the Swan Hill at Intervale HOA, Farwell Mountain Estates, Inc., and Chadbourne Tree Farms as the responsible parties for the road’s maintenance, so there is a means for maintenance. The Board questioned whether Farwell Mountain Estates, Inc. would ever transfer its share of responsibility i.e. a Second Street HOA.
The Board considered his argument and other salient points.
Craig Davis made a motion to table the application indefinitely until such time as the applicant can submit all of the outstanding items which include a DEP permit, the Road Commissioner’s letter and the Holt Hill maintenance agreement, Ginger Kelly seconded the motion. Discussion ensued. Craig Davis wished to amend his motion to remove “indefinitely”, Ginger Kelly was agreeable to the amendment.
The Planning Assistant read back the amended motion. Discussion continued.
Craig Davis made a motion to table the application until such time as the applicant can submit all of the outstanding items which include a DEP permit, the Road Commissioner’s letter, and the Holt Hill Road maintenance agreement, Ginger Kelly seconded the motion; it was unanimously approved.
C. New Business:
2. Site Plan Amendment Review
Project: The Foothills Grille & Catering Co.
Applicant: John Hicinbothem
Location: Map 25 Lot 235
Chairman Cressy gave some background information concerning the application. The Selectboard has approved an extended liquor license to include outdoor usage pending Planning Board approval of the applicant’s request for increased seating capacity.
Mr. Hicinbothem described the current configuration of the Foothills Grille and presented his request to utilize a grassy area in the back of the building for four, four-top tables and to increase his overall seating capacity to 30.
Jon Cowan made a motion to grant the application standing based on the Lease Agreement (dated 10.19.09), Craig Davis seconded the motion; it was unanimously approved.
Chairman Cressy addressed Site Plan Review amendment applicability. The project proposes a change in the overall seating capacity (inside and out) potentially affecting the parking performance standards as well as floodplain management based on the building’s location.
The Board reviewed the Application Completeness Checklist.
Larry Engdahl made a motion to grant waivers for the requirements for a formal land survey, and to provide evidence of financial capacity, Ginger Kelly seconded the motion. The Board discussed the consequences of the site’s proximity to the railroad tracks with regards to the railroad easement (50’ from the centerline of the tracks) and to the land survey waiver.
Bethel Planning Board Meeting Minutes 5.12.10 (cont.)
Jon Cowan made a motion to move the question, Larry Engdahl seconded the motion; it was unanimously approved to move the question.
Larry Engdahl’s motion to grant waivers for the requirements for a formal land survey and to provide evidence of financial capacity based on the scope of the project, seconded by Ginger Kelly was unanimously approved.
Chairman Cressy called for public comment for or against the project. There was none.
Board deliberation covered the D & S Plaza shared parking plan (66 spaces with overflow parking on both sides of Cross St.), the proposed hours of operation and associated noise, an exterior lighting plan (utilization of existing, downcast fixtures), the increased overall seating capacity to 30, floodplain management and DEP concerns, and potential SSDC charges.
The Board considered the draft Findings of Fact and Decision.
Larry Engdahl made a motion to approve the draft Findings of Fact and Decision and Conditions of Approval as amended, Jon Cowan seconded the motion; it was unanimously approved.
Ginger Kelly made a motion to approve the Site Plan Review Amendment application for The Foothills Grille’s grassed patio area, Craig Davis seconded the motion; it was unanimously approved.
The Board did not require a Final Site Plan for signing.
8. Non-Application Items:
A. Other Business: None
B. Announcements: Upcoming meetings: Regular Meetings, May 26 & June 23, 2010
Chairman Cressy will not be attending the June 23rd meeting. On Thursday, May 13, 2010 at 6:00 PM, Larry Engdahl will attend a wind power ordinance meeting. Francis Dumont announced that the Selectboard will be reviewing the final ORC documents on Monday, May 17, 2010 at 7:00 PM. Regrettably, Francis Dumont announced that he will be resigning from his position on the Planning Board effectively immediately.
9. Adjournment:
8:50 PM – Francis Dumont made a motion to adjourn the meeting, Craig Davis seconded the motion; the meeting was adjourned.
Respectfully submitted,
Vicki Rackliffe
Planning Assistant
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