FINDINGS OF FACT

On the 25th day of March 2015the Colchester Development Review Board approved the Site Plan application of Joseph Egan d/b/a Egan Media Productions and Fort Bender, LLC to establish an audio/video production studio and office in an existing 1,200 sq. ft. building with an associated parking lot. Subject property is located at 279 Ethan Allen Avenue, Tax Map 21, Parcel 010000.  The approval is based upon the following facts:

1.         DISCUSSION

This project consists of a Site Plan application of Fort Bender LLC and Egan Media Productions to establish an audio/video production studio and office in an existing 1,200 sq. ft. building with an associated parking lot. Subject property is located at 279 Ethan Allen Avenue, Tax Map 21, Parcel 010000.

The property is located in the General Development Two District.  The property is bounded on the north by Hegeman Avenue and a religious institution, on the east by a manufacturer, on the south by Vermont Avenue and a multifamily residence, and on the west by a radio broadcast station.   The building has not been occupied in over a decade and therefore the previous approved use is considered abandoned.

As of the date of issuance of the Findings of Fact and Order the following no person(s) have been granted interested party status:

The following is an excerpt from the minutes of the March 25^th hearing:

Dennis Bender and James Egan were present on behalf of the Site Plan application.

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

·      The building is a small vacant building with that includes access via a handicap ramp in the alleyway. 

·      The trash containers mentioned in the staff report are owned by Lake Champlain housing.

·      There are two large lilac trees located on the front of the building.

·      There were larger trees but they had to be removed as they were interfering with the power lines.

·      The application is to establish the production studio at this location and it will require extensive interior renovations.

·      There are no plans to do anything to the exterior of the building or the property with the exception of installing a rail/guard on the existing porch.

·      The business has been located at 366 Troy Avenue for the past 15 years.

·      Typically there is only one full time employee with the most being 2 on any given day.

·      Clients come to the business but not on a daily basis.

·      The Town of Essex has provided water and wastewater for up to five people.

·      The applicant indicated that they would be willing to stripe the parking lot.

·      The applicant indicated there is no need for plantings given the industrial appearance of the area.

The Board reviewed the Site Plan application.

There were no comments or questions from Board

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

In deliberative session a motion was made by M. Palmer and seconded by Z. Bludevich to approve the Site Plan application with conditions.  The motion passed a vote of 6 – 0.

II.        FINDINGS OF FACT

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 site is served by Town of Essex’s sewer system.  The Town of Essex has confirmed that the property has 75 gallons of allocation for up to five employees on-site per day.

§ 8.07A(2) Water:  The site is served by a municipal water system from the Town of Essex.  Essex has confirmed that the property has 75 gallons of allocation for up to five employees on-site per day.

§ 8.07A(3) Coverage/Stormwater: The project will not result in an increase to existing lot coverage or any land disturbance.  The property is 3.34 acres and General Development Two allows for up to 80% lot coverage.   Front yard coverage will remain unchanged (max 30%)The existing buildings were constructed in 1890.

§ 8.07A(4) Traffic /Access/Circulation: The proposed project will utilize existing curb cuts from Vermont Avenue.  Five parking spaces are located perpendicular to Vermont Avenue in the front yard.  There is currently no pedestrian way from the parking to the building however the existing alley between Vermont Avenue and Hegeman Avenue serves this purpose.

§ 8.07A(5) Setbacks:  No changes are proposed to setbacks.  The existing parking within the front yard is not increasing as a result of the application.

§ 8.07A(6) Historic Sites / Natural Areas:  There are no known natural areas on the project site.  The project is within the National Register Historic District for Fort Ethan Allen.  The proposed renovations will not affect the exterior of the building.

§ 8.07A(7) Scenic Beauty/Aesthetics:  No changes are proposed to the exterior façade of the building.  While the proposed renovations are to the interior of the building, staff recommended plantings as the site is devoid of any shrubs or trees.

§ 8.07A(8) Public Facilities:  The project is not expected to impact public facilities.

§ 8.07A(9) Municipal Services: The Colchester Building Inspector consulted with the two fire departments.

§ 8.07A(10) Character of the Area:  The proposed interior renovations and studio use will be in keeping with the character of the existing building and surrounding area. 

§ 8.07A(11) Town Municipal Plan:  The Land Use Section of the Town Plan provides the following goal for business uses: “Locally oriented commercial services should exist within or close to residential neighborhoods.”  The studio use is a commercial service for residents as well as non-residents located and within walking distance of the residences at Fort Ethan Allen.

§ 8.07A(12) Landscaping:   While no changes are proposed to the site, the site is devoid of shrubs and trees.  The applicant reported there are two large lilac tress located at the front of the building.  Staff recommended the planting of at least one tree along Hegeman Avenue and foundation plantings.

§ 8.07A(13) Parking: Five parking spaces are located perpendicular to Vermont Avenue in the front yard.  Four spaces are required for the studio use and five spaces are provided.   As no changes are proposed to the site at this time however staff recommended that the parking be re-striped and a handicapped parking space be delineated as required.

§ 8.07A(14) Lighting: No changes are proposed to the exterior lighting at this time.  There does not appear to be exterior lighting.

Dated at Colchester, County of Chittenden,

State of Vermont, this 1st day of April 2015

_____________________________              ______________________________

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_____________________________              DEVELOPMENT REVIEW BOARD

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

III.       ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby grants approval of the Site Plan application of Joseph Egan d/b/a Egan Media Productions and Fort Bender, LLC Egan Media Productions to establish an audio/video production studio and office in an existing 1,200 sq. ft. building with an associated parking lot.  Property is identified in Book 665, Page 109 of the Colchester Land Records.  Subject property is located at 279 Ethan Allen Avenue, Tax Map 21, Parcel 010000.  The approval is per a one (1) page plan stamped received by the Planning and Zoning Department on February 12, 2015 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 15^th.  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 15^th and April 30^th.  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.       No outside storage of materials is approved at this time

5.       The employees on-site shall be limited to up to five (5) employees as the site has been allocated 75 gpd of water and wastewater from the Town of Essex.

6.       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.

7.       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.

8.       The applicant shall submit a complete building permit application within one year of the Site Plan amendment approval or said approval shall expire.

9.       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.

10.   No new signage has been approved as part of this amendment.  All signage shall require an approved sign permit prior to the installation.

11.   Prior to issuance of a Certificate of Occupancy:

a.       The parking area shall be re-striped and a handicapped parking space be delineated as required.

12.   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.

V.        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 1st day of April 2015.

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_____________________________              DEVELOPMENT REVIEW BOARD