TOWN OF COLCHESTER
COUNTY OF CHITTENDEN
STATE OF VERMONT
| In Re: | Jodi Reynolds & Joseph Quigley |
| | 167 Macrae Road |
| | Colchester, VT 05446 |
| | |
| | 167 Macrae Road |
| | Colchester, VT 05446 |
| | Tax Map 40, Parcel 67 |
| | Account #40-067002- 0000000 |
On the 22nd day of January 2014, the Colchester Development Review Board approved the Site Plan application of Jodi Reynolds and Joseph Quigley to establish a business service of firewood processing. The firewood processing service will consist of cutting, splitting, and bundling firewood delivered to the site by a one-ton pickup and trailer for delivery to other businesses for resale. No on-site sales will occur and no construction is associated with the operation. The subject property is identified in Book 711, Page 65 of the Colchester Land Records. The subject property is located at 167 Macrae Road, Tax Map 40, Parcel 67 and the approval is based upon the following facts:
The applicants submitted a Site Plan application to establish a business service for wood processing in the GD1 District at their single-family residence. The parcel is 2.5 acres zoned GD1 and developed with a residence and outbuilding.
On November 22nd an administrative approval was granted. On December 3rd a letter was received from Kathy Valiquette, a homeowner and board member at Bay Meadow Estates and from Theodore Donnell of 165 Mercier Drive requesting that a hearing be held before the Development Review Board in accordance with Article VIII, Section 8.09C of the Colchester Zoning Regulations.
As of the date of issuance of the Findings of Fact and Order the following person(s) have been granted interested party status:
1. Barbara Doody, 121 Bay Meadow Estates, Unit 4, on behalf of herself and the Association of Bay Meadow Estates, Colchester, Vermont 05446
2. Claudia Cabral, 156 Meadow Drive, Colchester, Vermont 05446
3. Michael Cabral, 156 Meadow Drive, Colchester, Vermont 05446
4. Ted Donnell, 165 Mercier Drive, Colchester, Vermont 05446
5. Shane Clark, 141 Bay Meadow Estates, Unit 2, Colchester, Vermont 05446
6. Steve Walker, 163 Mercier Drive, Colchester, Vermont 05446
7. Kathryn Valiquette, 141 Bay Meadow Estates, Unit 3, Colchester, Vermont 05446
8. Marie deLaBruere, 121 Bay Meadows Estates, Unit 2, Colchester, Vermont 05446
The following is an excerpt from the minutes of the January 22nd hearing:
Joseph Quigley was present on behalf of the Site Plan application.
The presentation included, but was not limited to, the following:
Ted Donnell, 165 Mercier Drive, commented that there is a daycare operating at the residence and questioned why that use was not listed on the Site Plan application. He stated that he has major concern for being exposed to chainsaw noise next door and believes that allowing the business use would be allowing something that is out of character with the area.
Kathryn Valiquette, 141-3 Bay Meadow Estates, expressed her concern for the noise that will be generated from the operation. She stated that she works nights and sleeps during the day and is very concerned about the daytime operation. She stated that sound tends to echo through the woods and magnify now that the Town has cleared out the ditch.
Shane Clark, 141 Bay Meadow Estates #4, stated he is concerned for the level of noise that will leak from the GD1 zoned property to the homes located in the Residential zone. He stated he is very concerned about the noise from a chainsaw and believes that the proposal is a manufacturing process.
Michael Cabral, 156 Meadow Drive, made the point that the property is surrounded by residential homes and noise is a major concern for all. The proposal is going to limit the enjoyment that people are able to have at their properties. He asked that the applicant consider some type of screening to lessen the noise. M. Cabral noted that the ditch work completed by the Town opens the area up and noise is a major concern to the residences around the subject property. The new ditch will act as a funnel and noise will travel to the residential properties from the chainsaw. He also stated he is concerned with the additional traffic that will be created.
J. Quigley responded that he would love to plant cedars but noted that they would take many years to grow into a hedge that would reduce the noise. A hedge would not be an immediate solution to reducing noise levels from the operation. He stated that he can limit the hours of operating both the chainsaw and the wood splitter to address the noise concern.
Claudine Cabral, 156 Meadow Drive, also expressed concern on how the operation will negatively impact their use of their residential property.
Ted Donnell, 165 Mercier Drive, stated that the property is very visible through the lightly wooded area from his home. Noise is a huge concern to him. He commented again that there is a daycare on the property and asked why that use was not on the application. Staff responded that the only request before the Board is the wood processing business. If there is a daycare on the property Staff will have to look into that and work with the property owners to obtain approval for that.
J. Quigley responded that a chain saw or a wood splitter can't be operated inside a building. He also said that he could limit the hours of operating a chain saw and a wood splitter to four hours each per week in order to compromise with the neighbors and address the concerns that they are expressing.
Barbara Doody, 121-4 Bay Meadow Estates, stated that there are many of the residents of the condominium association that are home during the day and noise is a concern for all.
Steve Walker, 163 Mercier Drive, also expressed concern for a business that generates noise so closely to residential homes and the operation will impact the lives of many people in The houses are zoned Residential and not GD1 and he does not believe the proposed use is compatible and is a violation.
Marie deLaBruere, 121 Bay Meadows Estates, expressed concern that not all of the buildings of their complex received a letter notifying the owners of the meeting. She urged the Town to make sure that they correct that oversight and that each building on the property and all units receive the notification letter. She asked if all the work can be done inside so the noise would not be an issue. She commented that trees would not be a suitable sound barrier and believes the applicant should have to conduct all activity inside a building. All of the businesses that are around them have the activity contained in a building and suggested that would be a suitable barrier for this proposal as well. She discussed the need for the operation to have limitations on the operation.
J. Quigley discussed with the Board the fact that he could make modifications to his application and limit the hours of operating the chainsaw and the wood splitter to four hours each per week. He discussed the fact that he can’t eliminate the need to operate a chain saw for the business totally. J. Quigley noted that he burns wood for his home and he will be cutting some trees for his personal use which is separate from the business.
Steve Walker 163 Meadow stated that when he purchased his home the property that is being discussed did not generate noise. He stated concern that the property was rezoned along with changes made to the Regulations which now allows for this type of use. He said he would like to have known when the meeting was held and also expressed concern that the application did not include a daycare operation.
Staff replied that the only request at this meeting is for the wood business. If there is a daycare operation at that property Staff will work with the owners to move through the process for an after-the fact business if indeed it is allowed. It is also possible that if it is a small daycare it will only need a home occupation permit that can be issued through the building permit process.
A motion was made by B. Campbell and seconded by M. Palmer to close the hearing. The motion passed with a vote of 7 – 0.
The Development Review Board has found that the project will not have any adverse effects as defined by the criteria listed in the Site Plan Review Criteria of the Town of Colchester Zoning and Regulations.
8.07A(1) Water/Air Pollution (Septic): The property is currently developed with a single family residence, outbuilding, on-site septic system and municipal water. The business service will be operated by the residents/property owners and will not result in additional water or wastewater flows.
§ 8.07A (2) Water: The residence has water allocation from Fire District 2 to serve the residence. The firewood processing business will not require any additional water flows.
§ 8.07A (3) Coverage/Stormwater: The lot coverage will not change as a result of the establishment of the firewood processing business. No additional buildings are proposed at this time. The property is 2.5 acres, zoned GD1 and 60% overall lot coverage is allowed.
§ 8.07A (4) Traffic /Access/Circulation: The applicant stated that the wood will be delivered to the site by a one-ton truck with trailer. The wood will be processed on-site and then distributed to area stores by a one-ton truck. As the business service will be operated by the owners/occupants of the single-family dwelling, the business service will only minimally increase traffic, average 6 VTE’s per day, on the adjacent road and will not cause unreasonable road congestion or unsafe conditions. The site is within the GD1 District and adjacent to the Warner’s Corners area that is commercial in character.
§ 8.07A (5) Setbacks: There is no new building associated with the business at this time. All existing buildings on site appear to meet setbacks.
§ 8.07A (6) Historic Sites / Natural Areas: There are no known historic sites in the vicinity of the project.
§ 8.07A(7) Scenic Beauty/Aesthetics: The business will not impact scenic beauty or aesthetics as the property is currently developed and this approval does not include any new structures at this time. The firewood processing will occur within areas of existing disturbance and will not be visible from the road.
§ 8.07A (8) Public Facilities: No changes will occur to existing public facilities as a result of the project.
§ 8.07A (9) Municipal Services: The Colchester Building Inspector consulted with the two fire departments and no concerns or requirements were noted.
§ 8.07A (10) Character of the Area: The character of the area will not change as a result of the proposed Site Plan. The site is wooded and screened from adjacent neighbors and the road. The firewood processing operation may be visible through wooded areas and may be heard as a wood-splitter and chainsaw are proposed to be used. The applicant proposed limiting the number of hours per week that the chainsaw and the wood-splitter can operate. The bundling operation will occur inside the garage.
§ 8.07A (11) Town Municipal Plan: The Town Plan identifies the area of the project as within the Prim Road / Warner’s Corner / Heineberg Drive neighborhood which is designated as village mixed use in the future land use map. Uses appropriate in the village mixed use area as stated in the Plan’s Land Use Categories are: “Uses appropriate for village mixed use include small office, restaurant, small retail, agriculture, and many businesses integrated into neighboring residential uses.” The proposed firewood business will fit the character of the area.
§ 8.07A (12) Landscaping: No landscaping required as there is no new building associated with the business.
§ 8.07A(14) Lighting: No new lighting proposed or approved.
§ 10.04 Outside Storage: There will be outside storage of wood on the property.
§ 10.06 Trash Containers: No trash containers proposed or approved at this time.
Dated at Colchester, County of Chittenden,
State of Vermont, this 10th day of February 2014
_____________________________ ______________________________
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_____________________________ DEVELOPMENT REVIEW BOARD
TOWN OF COLCHESTER
COUNTY OF CHITTENDEN
STATE OF VERMONT
| In Re: | Jodi Reynolds & Joseph Quigley |
| | 167 Macrae Road |
| | Colchester, VT 05446 |
| | |
| | 167 Macrae Road |
| | Colchester, VT 05446 |
| | Tax Map 40, Parcel 67 |
| | Account #40-067002- 0000000 |
Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby grants approval of the Site Plan application of Jodi Reynolds and Joseph Quigley to establish a business service of firewood processing. The firewood processing service will consist of cutting, splitting, and bundling firewood delivered to the site by a one-ton pickup and trailer for delivery to other businesses for resale. No on-site sales will occur and no new construction is associated with the operation. The subject property is identified in Book 711, Page 65. The subject property is located at 167 Macrae Road, Tax Map 40, Parcel 67. The approval is per a site plan application and drawing prepared by the applicant stamped received by the Planning and Zoning Department on May 20, 2013 with the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect.
2. No excavation, site development or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with Building, Zoning, Health, and other applicable ordinances that may be required.
3. Per Section 18-23 (b) of the Colchester Code of Ordinance: Earthwork shall be scheduled for completion and the site stabilized no later than October 15th. By the end of the growing season, perennial cover shall be established and non-vegetated protection measures installed by October 15. There shall be no land disturbance activities allowed between the dates of October 15th and April 30th. A waiver of this requirement may be granted by the Director of Public Works, or his designee, following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.
4. The applicant shall attempt to implement sound attenuation measures to the wood splitter.
5. The business shall be limited to typical business hours of Monday through Friday 8AM until 5PM and Saturdays 8AM until noon.
6. The chainsaw shall only be allowed to operate one day per week, Monday thru Friday, for a four (4) hour maximum between the hours of 9:00 a.m. and 5:00 p.m.
7. The wood-splitter shall only be allowed to operate one day per week, Monday thru Friday, for a four (4) hour maximum between the hours of 9:00 a.m. and 5:00 p.m.
8. All vehicular traffic associated with the business shall be limited to a one ton pick-up or smaller and trailer and shall not exceed an average of 6 VTE’s per day.
9. No on-site firewood collection or sivicultural operation is approved at this time.
10. No on-site sales are approved at this time.
11. The employees on-site shall be limited to the owners / occupants of the single-family dwelling.
12. The professional service shall not utilize trucks larger than a one-ton pickup.
13. The project shall be constructed and operated in accordance with the stamped approved plans and the Findings of Fact and Order. There shall be no change in the proposed use or approved plans without prior approval of the Town. The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein. Any unauthorized change from the approved plans shall be grounds for revocation of the Order.
14. Violation of any of the above conditions or stipulations shall be grounds for the Development Review Board to revoke site plan approval of this development.
15. The applicant shall submit a complete building permit application within one year of the Site Plan amendment approval or said approval shall expire.
16. Additional permits may be required. To determine if other permits are required, contact the State District Environmental office at (802) 879-5676 and the State Division of Fire and Safety at (802) 879-2306.
17. No new signage has been approved as part of this amendment. All signage shall require an approved sign permit prior to the installation.
18. By acceptance of these Findings of Fact and Order, the Permittee agrees to allow representatives of the Town of Colchester access to the property covered by the approval for the purpose of ascertaining compliance with all local regulations and with this Order.
The owner of the project property and interested persons have a right to appeal this decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 2418 Airport Road, Barre, Vermont 05641 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont 05446. The fee is $262.50 made payable to Vermont Environmental Court. If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality). This also applies to any interested person(s) who may have had a right to appeal.
DATED at Colchester, County of Chittenden, State of Vermont,
this 10th day of February 2014.
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_____________________________ DEVELOPMENT REVIEW BOARD