FINDINGS OF FACT

On the 14^th day of January 2015 the Development Review Board approved the Conditional Use application of Doug Nedde and Heidi Tappan for a silvicultural operation consisting of clearing an area of approximately four acres of 40.8 acres contained within three contiguous parcels.  The project is located at 607 Brickyard Road and Braeloch Road, Tax Map 76, Parcel 002010 and Tax Map 7, Parcels  026020 and 040000 based upon the following facts:

1.         DISCUSSION

The application consists of a Conditional Use application by Doug Nedde and Heidi Tappan for a silvicultural operation consisting of clearing an area of approximately four acres of 40.8 acres contained within three contiguous parcels.  The project is located at 607 Brickyard Road, Tax Map 76, Parcels 02010, 026020 and 040000.

The property is located within the R1 District and is bounded on the west by Brickyard Road and several homes on large lots as well as undeveloped lots, on the south by Lake Champlain, on the east by two homes on smaller lots and a large undeveloped lot, and on the north by three mid-sized lots of which two are developed with homes.

Per Section 8.10E of the Zoning Regulations, silvicultural activities over an acre in scope within a medium density residential district must meet the standards for conditional use.

As of the date of issuance of the Findings of Fact and Order no person(s) have obtained interested party status.

The following is an excerpt of the minutes from the January 14, 2015  hearing:

Doug Nedde was present on behalf of the Conditional Use application.

The presentation included, but was not limited to, the following:

•   The property is a 40 acre parcel located in the R1 District.
•   The property historically was part of a farm.
•   The property owner presently has beef cattle on the property and a maple sugar operation.
•   The plan is to open up an additional 3 to 5 acres to create more pasture area.
•   The project will not require any fill to be brought in.
•   The stumps will be removed or burned if a burning permit is obtained.
•   The log truck will utilize the roadways only between the hours of 9:00 a.m. and 2:00 p.m. as to not conflict with the school bus.
•   The forester will manage the operation including the logger and the trucker.
•   The plan is to complete the project in the winter while the ground is frozen.

The Board reviewed the Conditional Use application.

There were no comments or questions from the public.

A motion was made by B. Campbell and seconded by Z. Bludevich to close the public hearing.  The motion passed with a vote of 6 – 0.

II.        FINDINGS

Based on the application submitted and testimony from the hearing, the Board finds the project meets the following criteria for Conditional Use approval with conditions:

Per Section 8.10E of the Zoning Regulations, silvicultural activities over an acre in scope within a medium density residential district must meet the standards for conditional use.

1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the Town of Colchester Municipal Plan.

The 2014 Town Plan states in the Land Use Chapter that this neighborhood, the Clay Point Neighborhood, “is geographically rugged, with striking lakeshore ledges, thick forests and numerous rock outcrops, beaver ponds and other wet areas.”  The applicant noted the presence of a wetland within the area of clearing.  The wetland shall remain undisturbed and provide a buffer of the clearing from Brickyard Road thereby preserving the character of the area.  The applicant stated that the clearing will be down to convert some of the land to agriculture.  One of the policies for the Clay Point Neighborhood in the 2014 Town Plan is: “Agricultural uses should continue to be allowed and encouraged within this area.  The proposed use is consistent with the Town Plan.

2.  The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located.

The purpose of the Residential One District is “to encourage low density single-family residential uses. This district is located in areas that are transitioning from rural residential to suburban residential”.  The applicant shall be restricted to the hours of 8:30AM to 5PM weekdays.  These are hours that residents are not normally at home and therefore should not be intrusive to the residential district.  The applicant should provide a schedule for tree removal that minimizes the duration of the clearing to greatest extent possible. 

3. The DRB shall take into consideration minimum lot size, size, design, and location of structures and service areas; and distance from adjacent or nearby uses.

The applicant has not proposing any structures at this time.  The applicant should provide a minimum distance that logging debris will be to the property line.  The applicant provided a map of the lot and the proposed scope of cutting. 

4.  The proposed use shall not result in adverse effect on any of the following:

d.      The capacity of existing or planned community facilities;

No existing or planned community facilities will be impacted by the proposed silvicultural use.

e.       The character of the area affected as defined by the purpose or purposes of the zoning district within which the project is located and specifically stated policies and standards of the Municipal Plan;

See responses to criteria one and two above.

f.       Traffic on roads and highways in the vicinity;

A traffic plan for the silvicultural operation must be submitted to and approved by the Department of Public Works prior to the issuance of a building permit.  The hauling operator must be in compliance with Town standards.  An overweight permit may be required by the Town.  Advance warning signs of trucks entering should be placed in compliance with Town standards. 

g.      Bylaws and ordinances in effect;

It should be noted that the applicant has shown the Water Protection Overlay District on the plans by the presence of streams and wetlands.  The wetlands as well as the streambank buffers shall be noted as areas not to be disturbed on the plans prior to the issuance of a building permit.

The Board finds the project conforms to Article VIII, Section 8.10.  The project will not have any adverse affect as defined by the criteria listed in the Town of Colchester Zoning Regulations. 

DATED at Colchester, County of Chittenden, State of Vermont,

this 23rd day of January 2015.

_____________________________              ______________________________

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_____________________________              DEVELOPMENT REVIEW BOARD

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

III.       ORDER

Upon due consideration of the premises and aforesaid Findings, the Colchester Development Review Board hereby approves the Conditional Use request of Doug Nedde and Heidi Tappan.  The approval specifically allows Doug Nedde and Heidi Tappan silvicultural operation consisting of clearing an area of approximately four acres of 40.8 acres contained within three contiguous parcels. The approval applies to lands identified in Book 752, Page 552, Book 525, Page 266 and Book 257, Page 153 of the Colchester Land Records.  The project is located at 607 Brickyard Road and Braeloch Road, Tax Map 76, Parcel 002010 and Tax Map 7, Parcels  026020 and 040000 based upon the following conditions:

1.      All previous approvals and stipulations which are not superseded by this approval shall remain in effect.

2.      The selective cutting of trees is restricted to week days between the hours of 8:30 a.m. and 5:00 p.m., with no weekend hours allowed.

3.      The approved operation will disturb approximately 4 acres of land and remove approximately 8 trucks of logs from the property.

4.      Prior to issuance of a building permit the applicant shall provide the following:

a.         A traffic plan for review and approval by the Department of Public Works.

5.      The hauling operator shall be in compliance with Town standards and an overweight permit may be required by the Town.

6.      The silvicultural operation shall be conducted to acceptable management practices (AMP) required by Division of Forestry, additional measures such as a stabilized construction entrance and tire cleaning or road cleaning equipment shall be employed as necessary to prevent tracking of mud and debris onto Brickyard Road.

7.      All logging operations shall be performed in accordance with Division of Forestry requirements and shall follow guidelines as outlined in “Acceptable Management Practices for Maintaining Water Quality On Logging Jobs in Vermont”.

8.      If there is any damage to the public right-of-way caused by the hauling operation the damage shall be repaired in compliance with the Town’s Public Works Standards.

9.      There shall be no cutting within 85 feet of the centerline of any stream per the Watercourse Protection Overlay District.

10.  The project shall comply with the Public Works Specifications and Standards for stump disposal, Section 2.23 and all other pertinent sections of the Regulations.

11.  By acceptance of these Findings of Fact and Order, the Permittees agree 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.

12.  The Conditional Use approval shall expire if: 1) work authorized under the DRB approval is not commenced and diligently pursued within twelve (12) months of receiving DRB approval, or 2) the conditional use shall cease for more than six (6) months for any reason, unless an umbrella approval has been granted.  A building permit shall be required before any cutting takes place.

13.  The Project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, and the Zoning Regulations.  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 and approval.

IV.       APPEAL RIGHTS

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 23^rd day of January 2015

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_____________________________              DEVELOPMENT REVIEW BOARD