FINDINGS OF FACT

On the 25th day of May 2016 the Colchester Development Review Board approved the final plat and site plan applications of Brigante Living Trust and Rivers Edge Building Development, LLC for a 45-unit, 22-lot planned unit development on a previously undeveloped 25.23 acre lot.  The planned unit development consists of: 1) nineteen (19) single family lots; 2) thirteen (13) duplex structures; 3) one common parcel; and 4) 2,100 feet of public road.  The subject property is located at 239 Malletts Bay Avenue, tax map 6, parcel 8.   The approval is based upon the following facts:

1.         DISCUSSION

This project consists of a final plat and site plan applications of Brigante Living Trust and Rivers Edge Building Development, LLC for a 45-unit, 22-lot planned unit development on a previously undeveloped 25.23 acre lot.  The planned unit development consists of: 1) nineteen (19) single family lots; 2) thirteen (13) duplex structures; 3) one common parcel; and 4) 2,100 feet of public road.  The subject property is located at 239 Malletts Bay Avenue, tax map 6, parcel 8.

The property is located in the R2 District and is bounded on the north by a single-family dwelling unit on a large lot, on the east by Malletts Bay Avenue, and undeveloped parcel, and several single-family dwellings on smaller lots, and on the south by an agricultural property and on the west by undeveloped floodplain.

This project is deemed to be a major subdivision.  The applicant filed a site plan application for planned unit development to allow minor changes to the proposed project to be evaluated as site plan rather than final plat amendments in the future.  The final plat shall depict the property at a one inch equals 20 feet scale as required by the Subdivision Regulations.  Sheet 2A appears to be at 40 scale even though the graphic scale states 100.

As of the date of issuance of the Findings of Fact and Order the following person(s) have been granted interested party status:

1.      Heather Smith, 151 Thomas Drive, Colchester VT  05446

2.      Gerald Hammond, 132 Thomas Drive, Colchester VT  05446

3.      George and Mary Halnon, 128 Thomas Drive, Colchester VT  05446

The following is an excerpt from the minutes of May 25, 2016:

David Burke of O’Leary Burke was present on behalf of the application.

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

·         This subdivision is an extension of Annas Court.

·         The parcel is 25.23 acres in size.

·         The plan includes removing the cul-de-sac and extending the loop road.

·         The property is zoned R2.

·         The request is for a total of 45 units comprised of 13 duplex units and 19 single family homes. 

·         The plan calls for a sidewalk on one side of the road and a multi-use path from Annas   Court to Thomas Drive.

·         There will be a cinder path connection to an existing trail network passive recreation.

·         Traffic evaluation has been complete no undue adverse impact will result.

·         There will be three different styles of homes and three different duplex styles.

·         The applicant will strongly suggest that contractors not utilize Thomas Drive but because it is a public road there is no way to enforce that.

The Board reviewed the applications.

Heather Smith, 151 Thomas Drive, stated they are not opposed to the development but concerned about the speed that existing traffic travels and the proposed increase.  They want to make sure that traffic is adequately addressed.

It was noted for the record that a letter was received on May 23, 2016 from George and Mary Halnon of 128 Thomas Drive discussing the increase in traffic and suggested that traffic calming measures be implemented noting that designating the street one-way would cut the traffic in half.

An email was received from Gerald Hammond of 132 Thomas Drive discussing concern for the amount of traffic.  He would like to know if the town would be looking into a new traffic study for Thomas Drive that would make the street a dead-end or a one-way to reduce the traffic in addition to a ban on all trucks.  He indicated that the homeowners’ would sign a petition if necessary.

A motion was made by M. Palmer and seconded by E. Richard to close the public hearing.  The motion passed with a vote of 7 – 0

In deliberative session, a motion was made by M. Palmer and seconded by A. MacDonald to approve the Final Plan and Site Plan applications, with conditions.  The motion passed with a vote of 7 – 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 Town of Colchester Zoning Regulations and the Subdivision Regulations.

ZONING REGULATIONS

Section 9.01C General Standards:  The project, a planned unit development, is meeting the minimum overall size of 1.5 acres.  The fifty-foot perimeter buffer is shown on the plans.  At preliminary plat, the Board granted waivers for the proposed public road and on-site septic systems.

Section 9.01D Specific Standards:  Proposed lots range in size from .38 acres square feet to 8.2 acres for the open space lot. Several lots required lot size (20,000 square feet) and frontage (125 contiguous linear feet) waivers that were granted at preliminary plat.  The smallest lot size proposed is 16,802 sq. ft. and the lot with the least frontage is 85 feet. A waiver of lot size down to 16,802 sq. ft. vs. 20,000 sq. ft. required and 85 ft. vs. 125 ft. required for frontage was granted at preliminary plat.  An internal setback waiver for front yards was granted at preliminary plat from 30 feet to 25 feet.  The applicant is proposing to reserve 32.5% of the site for open space (only 25% required).  A walking trail is proposed with connections to the development and shown on the plans.  The open space shall be owned and maintained by the proposed homeowners association.  The applicant proposes a multiuse path connection from the development to Thomas Drive for a recreational amenity.

Section 9.01D (4) Varied Types of Dwellings: Identical replication of structures, textures and color are strongly discouraged in planned unit developments.  The applicant stated that the duplex units will have three different forms and the single family dwellings will vary in form and color.  It was recommended that duplexes also vary in color.  Renderings of the units were provided at the preliminary plat hearing and the engineer provided  the renderings again at the final plat hearing. 

SUBDIVISION REGULATIONS

Section 301 Required Improvement List: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.

Section 302 Suitability of Land: The density for the property would allow up to 54 units and the applicant is proposing 45 units. 

Section 303 Lot Layout:  Generally newly created lots should have side lot lines at right angles to the road right-of-way.  All of the proposed lots generally conform to this requirement.  Lot 3 will have two front yards and lot 18 and Common Land Area B in the vicinity of unit 29 will have three front yards.  It was recommended at preliminary that lot 18 and several of the duplexes on lot Common Land Area C be swapped. 

Section 304 Building Envelopes: Building envelopes are depicted on the plans that meet setback requirements of the R2 District with the exception of front yards that received a 5 foot waiver. 

Section 305 Monuments and Lot Corner Markers: The proposed lots shall be expected to comply with this section of the Subdivision Regulations as part of the final plat approval.

Section 306 Energy Conservation:  The applicant shall file a Vermont Residential Building Energy Standards (RBES) Certificate for the new residences in the Town Clerk’s Office within 30 days of completing the project.

Section 307 Water Supply: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.  See Section 318(B) below. 

Section 308 Sewage Disposal: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. See Section 318(A) below. 

Section 309 Site Preservation and Landscaping: The plans show existing features, and natural cover.  The site is heavily wooded and while a large portion of the site will remain preserved and wooded.  The applicant proposed a limit of clearing / cutting on the perimeter of the site including individual lots.  A known natural community is preserved on the open space lot.  The covenants and homeowners association documents shall provide for the clearing and cutting restrictions as well as the upkeep and conservation of the open space parcel.  The land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and retain, insofar as possible, the natural contours, limit storm water runoff, and conserve the natural cover and soil. The applicant provided on sheet 10 a typical of the proposed condo foundation plantings as well as proposed street trees.  The applicant shall execute a landscape improvement agreement for the project prior to the issuance of a building permit.

Section 310 Streets: The applicant proposed to construct a 26-foot wide paved public road with open drainage in an internal loop.  In accordance with Section 1.2 C of the DPW Specifications & Standards, all public streets shall be provided with horizontal curves having a minimum radius length of 150’ when measured to the center of the roadway.  Two of the proposed curves do not appear to meet this requirement and do not provide adequate sight distance.  A waiver was granted from the Department of Public Works for both of these locations on February 29, 2016.  The curves centered approximately at stations 20+40 and 28+50 have been provided with 115’ and 135’radii, respectively.  An additional 10’ combined easement was provided along the inside of both curves for street lights, trees, and sight distance.  Care must be exercised in the selection and placement of street trees to avoid sight distance issues.  Based on this additional easement, both curves will provide the minimum required 150’ safe stopping sight distance based on an expected 25 mph posting.  The Department of Public Works has confirmed the adequacy of these radii for access with local fire districts. 

On street parking shall be restricted to one-side only.  An Ordinance amendment shall be completed along with Stop Sign Warrant Analysis and Speed Study prior to acceptance of the roadway by the Town.  A Quitclaim Easement Deed for Private Utility (Across Public Road) shall be required for all locations where private force main sewer lines cross under the proposed public road.  

A portion of the subject property near the northwestern end of the parcel is crossed by the previously planned VTrans Circ Highway.  As part of the current Malletts Bay Initiative, the Town is looking at options to address current capacity issues with all forms of transportation along the Blakely/Lakeshore/Prim corridor.  One of the options being considered is installation of a collector/arterial along a portion of the Circ ROW from Heineberg Dr. to a point where a connection with Malletts Bay Ave and Blakely Rd can be made. The Town’s Official Map shows this future right-of-way.  The applicant shall provide language in the homeowner’s document stating that land shall be conveyed upon request to the Town for the future road right of way shown on the Official Map.

Section 311 Pedestrian Access: The applicant proposed a five-foot-wide sidewalk along the new public road.  The applicant shall be required to install sidewalks along the proposed public road in accordance with the Colchester Public Works Standards and Specifications.  The applicant proposed a cinder path to connect the proposed sidewalk on the public street to the open space lot between lots 15 and 16.  The path will be owned and maintained by the homeowners association and shall be addressed in draft homeowners documents to be reviewed and approved by the Town’s Attorney. 

Section 312 Utilities: All utilities shall be underground.  The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.

Section 313 Storm Drainage & Erosion Control: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval. See Section 318(C) below.

Section 314 Excavation & Grading: The project shall be expected to comply with this section of the Subdivision Regulations as part of the Final Plat approval.

Section 315 Outdoor Lighting:  The applicant proposed five street lights along the new public road.  An easement shall be given to the power provider for the placement and maintenance of the street light disconnect. Sufficient evergreen screening shrubs shall be provided such that the street light disconnect is not visible from the Street/Road and the screening shall in no way interfere with necessary minimum sight distances.  All proposed street lights within public rights-of-way shall be constructed so as to become the property of the Town upon acceptance of the street.  Should the Public Works Specifications for street lights change prior to issuance of the building permit, the applicant shall amend the plans to reflect the new street lighting standard.

Section 316 Recreation Areas: The applicant proposed a walking trail within the 8.2 acres of open space for passive recreation.  The applicant proposed a multiuse path to link the project to Thomas Drive as a recreational amenity. While the applicant did not provide background in the cover letter, the applicant verbally stated that demographics in new subdivisions do not justify the need for a tot lot and similar structures can become liabilities to associations. 

Section 317 Open Space & Common Land: Up to 25% of the project may be required to be restricted as open space by the Development Review Board.  The applicant proposed to reserve 32.5% of the site for open space.  The applicant proposed a trail through the open space lot to be used for passive recreation.  The open space is proposed to be owned and maintained by the proposed homeowners’ association.  Maintenance, ownership, and proposed restrictions of the open space areas should be noted in the draft homeowner’s documents to be reviewed and approved by the Town’s Attorney. 

Section 318(A) Pollution:  The application included information on proposed and existing septic facilities as well as design calculations.  Wastewater disposal systems shall conform to the Environmental Protection Rules.  The applicant shall receive approval for a state wastewater permit prior to recording of the mylar.  It appeared that no wastewater easements will be required.

Section 318(B) Water Supply:  The applicant received an ability to serve letter from Fire District Two.  The District shall also review and approve all water supply plans prior to the issuance of a building permit.

Section 318(C) Soil Erosion: The total lot coverage for the project will be 17% (30% max). Approximately 15.32 acres will be disturbed of the 25.23 acre site. The proposed project will disturb in excess of 1 acre of land, and therefore a State Construction General Stormwater Permit (3-9020) shall be required.  The applicant shall amend current State Stormwater Permit 6900-9015 and if appropriate apply for a new permit to reflect changes in amount of impervious surfaces.  A copy of the state stormwater permit application including post construction management plan shall be provided to the Town Engineer prior to the issuance of a building permit.

A new stormwater discharge (3-9015) will be requested for this project separate from the previous phase along this street.  If the applicant does wish for the permits to be separate, the provided drainage areas and included parcels must be recalculated.  The proposed division between permits will not be consistent with actual drainage.  An amendment for the previous permit 6900-9015 will still be required.  Portions of proposed roadway along with Lots 1 and 3 drain to the previous permit.  Also, the proposed 10’ multi-use path along Malletts Bay Ave and reduction for temporary turnaround will also be required unless previously addressed. 

The Developer/Homeowner’s Association (HOA) shall enter into a stormwater maintenance agreement with the Town prior to the issuance of a building permit.  The stormwater maintenance agreement shall be noted on all individual lot deeds.

Upon acceptance of the roadway by the Town, the Town and the Developer/HOA shall become Co-applicants on a General Permit 3-9015.  It will be the responsibility of the Developer/HOA to initiate the process for co-applicant addition, usually at the next permit renewal cycle.  The Town of Colchester shall only be responsible for the stormwater infrastructure constructed within the Town Right-of-Way.  The Developer/HOA shall be responsible for all stormwater infrastructure constructed outside of the Town Right-of-Way including but not limited to private driveways, walkways, and roof areas.

Section 318(D) Traffic: The applicant provided a traffic study for the project dated January 2016 prepared by O’Leary Burke Civil Associates and updated in March 2016.  This study projects that the average daily vehicle trip ends for the project will be 333 trips.  The AM peak hour generation is anticipated to be 26 trip ends with the PM peak hour generation anticipated to be 33 trips.  The Department of Public Works reviewed the traffic study and the recommendations from a third party consultant, Resource Systems Group that provided a technical analysis of the study on the Town’s behalf. 

Neither the study nor the third party review found that the local street would be overburdened or taxed by the proposed development.  While the delays for turning movements at Malletts Bay and Blakely will increase slightly and cause the level of service (LOS) to decrease, this impact is not undue.  Traffic on the adjacent Thomas Drive has also been evaluated and found to not cause an undue impact on the street.  Thomas Drive’s traffic issues with cut-through traffic already exist and will not be exasperated by the project.  Should residents along Thomas Drive have concerns about existing traffic conditions, it was recommended that they solicit the Town Select Board for consideration under the Town’s Traffic Calming Manual.  In consideration of residents’ concerns, it is asked that the applicant not use Thomas Drive as a route for site access and deliveries.

Section 318(E) Natural Areas:  The applicant noted the presence of a natural community on the open space lot as identified by the Vermont Nongame Natural Heritage Program and shows this area as being set aside.  Natural cover as well as trees to be retained are shown on the plans. 

Section 318(E) Historic Sites:  The applicant stated that a sensitive archaeological area is part of the open space area to be preserved.  The final plat shall include any correspondence from the State Division of Historic Preservation.

Section 318(F) Streets & Public Facilities: The proposed roadways shall conform to the Colchester Public Works standards.  

Section 318(G) School Review:  The applicant provided correspondence from the Colchester School District Superintendent’s Office stating that the proposed project will not adversely impact the School District.

Section 318(H) Governmental Services:  The Colchester Building Inspector consulted with the two fire departments that service Colchester. Their comments are as follows:

1.      Each unit shall have the 911 address installed in compliance with Chapter 17 of the Colchester Code of Ordinances prior to the issuance of a certificate of occupancy.

2.      While note required, the installation of residential sprinkler systems are recommended.

§ 8.07A(1) Water/Air Pollution (Septic): All proposed and existing facilities shall comply with current on-site septic regulations and setback requirements.  Wastewater disposal systems shall conform to the Environmental Protection Rules.  Prior to recording the mylar, the applicant shall submit and receive approval for all necessary State Wastewater Permits for the property.

§ 8.07A(2) Water:   The applicant received confirmation of the ability to serve the subdivision from Fire District Two.  Prior to the issuance of a building permit, the applicant shall submit a copy of this allocation letter and the Fire District shall also review and approve all water supply plans.

§ 8.07A(3) Coverage/Stormwater: The total lot coverage for the project will be 17% (30% max). Approximately 15.32 acres will be disturbed of the 25.23 acre site. The total lot coverage for the project will be 17% (30% max). Approximately 15.32 acres will be disturbed of the 25.23 acre site. The proposed project will disturb in excess of 1 acre of land, and therefore a State Construction General Stormwater Permit (3-9020) shall be required.  The Department of Public Works commented that the applicant will seek a new stormwater discharge (3-9015) for this project separate from the previous phase along this street.  If the Applicant does wish for the permits to be separate, the provided drainage areas and included parcels must be recalculated.  The proposed division between permits will not be consistent with actual drainage.  An amendment for the previous permit 6900-9015 will still be required.  Portions of proposed roadway along with Lots 1 and 3 drain to the previous permit.  Also, the proposed 10’ multi-use path along Malletts Bay Ave and reduction for temporary turnaround will also be required unless previously addressed.  The applicant shall provide a copy of the State Stormwater Permit application including post construction management plan to DPW.

The Developer/Homeowner’s Association (HOA) shall enter into a stormwater maintenance agreement with the Town prior to the issuance of a building permit.  The stormwater maintenance agreement shall be noted on all individual lot deeds.  Upon acceptance of the roadway by the Town, the Town and the Developer/HOA shall become Co-applicants on a General Permit 3-9015.  It will be the responsibility of the Developer/HOA to initiate the process for co-applicant addition, usually at the next permit renewal cycle.  The Town of Colchester shall only be responsible for the stormwater infrastructure constructed within the Town Right-of-Way.  The Developer/HOA shall be responsible for all stormwater infrastructure constructed outside of the Town Right-of-Way including but not limited to private driveways, walkways, and roof areas.

§ 8.07A(4) Traffic /Access/Circulation:  The applicant proposed to construct a 26-foot wide paved public road with open drainage in an internal loop.  In accordance with Section 1.2 C of the DPW Specifications & Standards, all public streets shall be provided with horizontal curves having a minimum radius length of 150’ when measured to the center of the roadway.  Two of the proposed curves do not appear to meet this requirement and do not provide adequate sight distance.  A waiver was granted from the Department of Public Works for both of these locations on February 29, 2016.  The curves centered approximately at stations 20+40 and 28+50 were provided with 115’ and 135’radii, respectively.  An additional 10’ combined easement was provided along the inside of both curves for street lights, trees, and sight distance.  Care must be exercised in the selection and placement of street trees to avoid sight distance issues.  Based on this additional easement, both curves will provide the minimum required 150’ safe stopping sight distance based on an expected 25 mph posting.  The Department of Public Works has confirmed the adequacy of these radii for access with local fire districts. 

On street parking shall be restricted to one-side only.  An Ordinance amendment shall be completed along with Stop Sign Warrant Analysis and Speed Study prior to acceptance of the roadway by the Town.  A Quitclaim Easement Deed for Private Utility (Across Public Road) shall be required for all locations where private force main sewer lines cross under the proposed public road.  

A portion of the subject property near the northwestern end of the parcel is crossed by the previously planned VTrans Circ Highway.  As part of the current Malletts Bay Initiative, the Town is looking at options to address current capacity issues with all forms of transportation along the Blakely/Lakeshore/Prim corridor.  One of the options being considered is installation of a collector/arterial along a portion of the Circ ROW from Heineberg Dr. to a point where a connection with Malletts Bay Ave and Blakely Rd can be made. The Town’s Official Map shows this future right-of-way.  The applicant shall provide language in the homeowner’s document stating that land shall be conveyed upon request to the Town for the future road right of way shown on the Official Map.

The applicant provided a traffic study for the project dated January 2016 prepared by O’Leary Burke Civil Associates and updated in March 2016.  This study projects that the average daily vehicle trip ends for the project will be 333 trips.  The AM peak hour generation is anticipated to be 26 trip ends with the PM peak hour generation anticipated to be 33 trips.  The Department of Public Works reviewed the traffic study and the recommendations from a third party consultant, Resource Systems Group, which provided a technical analysis of the study on the Town’s behalf. 

Neither the study nor the third party review found that the local street would be overburdened or taxed by the proposed development.  While the delays for turning movements at Malletts Bay and Blakely will increase slightly and cause the level of service (LOS) to decrease, this impact is not undue.  Traffic on the adjacent Thomas Drive has also been evaluated and found to not cause an undue impact on the street.  Thomas Drive’s traffic issues with cut-through traffic already exist and will not be exasperated by the project.  Should residents along Thomas Drive have concerns about existing traffic conditions, it is recommended that they solicit the Town Select Board for consideration under the Town’s Traffic Calming Manual.  In consideration of residents’ concerns, it is asked that the applicant not use Thomas Drive as a route for site access and deliveries.

§ 8.07A(5) Setbacks: Proposed lots range in size from .38 acres square feet to 8.2 acres for the open space lot. Several lots required lot size (20,000 square feet) and frontage (125 contiguous linear feet) waivers that were granted at preliminary plat.  The smallest lot size proposed is 16,802 sq. ft. and the lot with the least frontage is 85 feet. A waiver of lot size down to 16,802 sq. ft. vs. 20,000 sq. ft. required and 85 ft. vs. 125 ft. required for frontage was granted at preliminary plat.  An internal setback waiver for front yards was granted at preliminary plat from 30 feet to 25 feet.  All other internal setbacks are being met.

§ 8.07A(6) Historic Sites / Natural Areas:  The applicant stated that a sensitive archaeological area is part of the open space area to be preserved.  The final plat shall include any correspondence from the State Division of Historic Preservation.  The applicant noted the presence of a natural community on the open space lot as identified by the Vermont Nongame Natural Heritage Program and shows this area as being set aside.  Natural cover as well as trees to be retained are shown on the plans. 

§ 8.07A(7) Scenic Beauty/Aesthetics:   The applicant stated that the duplex units will have three different forms and the single family dwellings will vary in form and color.  It was recommended that duplexes also vary in color.  Renderings of the units were provided at the preliminary plat hearing however should also be provided as part of the final plat submittal.  The applicant  proposed retaining a vegetated buffer around the perimeter of the property thereby screening it from adjacent properties.

§ 8.07A(8) Public Facilities:  The applicant proposed extending an existing public road as well as a sidewalk, multi-use path, and other street infrastructure including but not limited to street lights and street trees.  Prior to the issuance of a building permit, a public improvement agreement shall be executed for the proposed public infrastructure and a preconstruction meeting shall occur.

The applicant proposed a five-foot-wide sidewalk along the new public road.  The applicant shall be required to install sidewalks along the proposed public road in accordance with the Colchester Public Works Standards and Specifications. 

The applicant proposed a multi-use path along Malletts Bay Avenue.  The applicant proposed a cinder path to connect the proposed sidewalk on the public street to the open space lot between lots 15 and 16.  The path shall be owned and maintained by the homeowners association and should be addressed in homeowners documents to be reviewed and approved by the Town’s Attorney. 

§ 8.07A(9) Municipal Services: The Colchester Building Inspector has reviewed the application and has consulted with the two fire departments that service Colchester. His comments are as follows:

1.                  Each unit shall have the 911 address installed in compliance with Chapter 17 of the Colchester Code of Ordinances prior to the issuance of a certificate of occupancy.

2.                  While note required, the installation of residential sprinkler systems are recommended.

§ 8.07A(10) Character of the Area:  The project is located within the R2 District that is primarily located in developed areas with existing suburban residential.  The project is at the edge of an existing residential area that is in close proximity to the Colchester schools.  The property to the south is an agricultural operation though and the applicant has proposed retaining a vegetated buffer along the border of the project to minimize conflicts.  It was recommended that the proposed homeowner’s documents include language regarding the right of adjacent properties to farm.

§ 8.07A(11) Town Municipal Plan: The project is located within the Shipman Hill neighborhood.  This neighborhood is a transitional area for which a new Agricultural Mixed Use zoning was created and that several properties have transitioned to.  There are existing residentially zoned parcels within the neighborhood however the Town Plan states that rezoning of this area to a higher-intensity district should not be considered as many agricultural lands remain.  The Land Use chapter of the 2014 Town Plan states that one of the policies for this neighborhood is that conflicts between residential and agricultural uses should be avoided.  The proposed project will include a perimeter vegetated buffer to minimize potential conflicts between the proposed residential use and adjacent agricultural properties.

§ 8.07A(12) Landscaping: The plans show existing features, and natural cover.  The site is heavily wooded and while a large portion of the site will remain preserved and wooded.  The applicant proposed  limits of clearing / cutting on the perimeter of the site including individual lots.  A known natural community is preserved on the open space lot.  The covenants and homeowners association documents shall provide for the clearing and cutting restrictions as well as the upkeep and conservation of the open space parcel.  The land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and retain, insofar as possible, the natural contours, limit storm water runoff, and conserve the natural cover and soil. The applicant provided on sheet 10 a typical of the proposed condo foundation plantings as well as proposed street trees.  The applicant shall execute a landscape improvement agreement for the project prior to the issuance of a building permit.

§ 8.07A(13) Parking: Each individual unit shall have at least two parking spaces in each garage and one parking space in each driveway as required.

§ 8.07A(14) Lighting: The applicant proposed five street lights along the new public road.  An easement shall be given to the power provider for the placement and maintenance of the street light disconnect. Sufficient evergreen screening shrubs shall be provided such that the street light disconnect is not visible from the Street/Road and the screening shall in no way interfere with necessary minimum sight distances.  All proposed street lights within public rights-of-way shall be constructed so as to become the property of the Town upon acceptance of the street.  Should the Public Works Specifications for street lights change prior to issuance of the building permit, the applicant shall amend the plans to reflect the new street lighting standard.

§ 8.07A(15) Outside Storage: No outside storage or dumpsters were requested or approved at this time.

Dated at Colchester, County of Chittenden,

State of Vermont this 6th day of June 2016.

                                                                        DEVELOPMENT REVIEW BOARD

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby

approved the final plat and site plan applications of  Brigante Living Trust and Rivers Edge Building Development, LLC for a 45-unit, 22-lot planned unit development on a previously undeveloped 25.23 acre lot.  The planned unit development consists of: 1) nineteen (19) single family lots; 2) thirteen (13) duplex structures; 3) one common parcel; and 4) 2,100 feet of public road.  2016    The subject property is located at 239 Malletts Bay Avenue, tax map 6, parcel 8.   The approval is per a fourteen (14) page set of plans titled “Brigante Woods” prepared by O’Leary-Burke Civil Associates, PLC dated 10/30/15 and stamped received by the Planning and Zoning Office on April 1, 2016 with the following conditions:

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

2.      On street parking will be restricted to one-side only.  An Ordinance amendment shall be completed along with Stop Sign Warrant Analysis and Speed Study prior to acceptance of the roadway by the Town. 

3.      Street lighting shall comply with the Public Works Standards.  The disconnect for the streetlights shall be located outside of the public ROW.  An easement shall be given to the power provider for the placement and maintenance of the streetlight disconnect.  Sufficient screening, such as shrubs, shall be provided such that the streetlight disconnect is not visible from the street and the screening shall in no way interfere with necessary minimum sight distances.  All proposed street lights within public rights-of-way shall be constructed so as to become the property of the Town upon acceptance of the street.  Should the Public Works specifications for street lights change prior to issuance of a building permit, the applicant shall amend the plans to reflect the new street lighting standard.

4.      Upon acceptance of the roadway by the Town, the Town and the Developer/HOA, if different from current permittee, will become Co-applicants on General Permit 6872-9015.  It will be the responsibility of the Developer/HOA to initiate the process for co-applicant addition, usually at the next permit renewal cycle.  The Town of Colchester will only be responsible for the stormwater infrastructure constructed within the Town Right-of-Way.  The Developer/HOA will be responsible for all stormwater infrastructure constructed outside of the Town Right-of-Way including but not limited to private driveways, walkways, and roof areas.

5.      Stopping of traffic on adjacent public roadway shall not be permitted without necessary traffic control measures in accordance with MUTCD including approach signing and flagmen.  Deliveries and hauling operations shall be coordinated not to occur during times of peak traffic volumes (7:30am -8:30am & 4:30pm – 5:30pm.)

6.      The applicant shall build the new homes to the Vermont Residential Energy Standards.

7.      The applicant shall ask contractors and sub-contractors for this project not to use Thomas Drive as a route for site access and deliveries.

8.      An addition 10’ combined easement has been provided along the inside of both curves for street lights, trees and sight distance.  Care must be exercised in the selection and placement of street trees to avoid sight distance issues.

9.      Post development stormwater runoff flows shall be equal to or less than pre-development stormwater runoff flows for a minimum of 25-year, 24-hour storm event.

10.  Prior to recording the Final Plat plan, the applicant shall submit a copy of the survey plat in digital format (Colchester Plane Coordinate System) meeting the Town of Colchester “Specifications for the Submission of Survey Plats, Final Plat Plans & Boundary Line Adjustments in Digital Form”.   Upon certification by the Chairman or Clerk, the Mylar copy shall be submitted to the Town Clerk to be filed in the Town Land Records.

11.  The Final Plat plan shall be recorded in the Town of Colchester land records within 180 days or this approval is null and void.  The final plat plan shall be in the form of a mylar copy (18" by 24") depicting meets and bounds survey of the approved subdivision and shall identify a minimum of three witness monuments located, or to be located on, the property with boundaries referenced to the Colchester Plane Coordinate System (coincident with the Vermont Plane Coordinate System) based on the 1983 North American Datum.    Such monuments shall be established at a minimum survey error of closure of 1:10,000.  All plans to be recorded shall meet the requirements of the Town of Colchester’s “Specifications for the Submission of Survey or Boundary Line Adjustment Mylars to be recorded in the Town Land Records” Policy. The plan shall be signed by the Development Review Board Chair or Clerk prior to recording. 

12.  Prior to the issuance of any building permits the property front line corners for each lot shall be established with witness stakes or iron pins.  Prior to issuance of a certificate of occupancy said property line corners shall be established with permanent monumentation.

13.  All utilities shall be underground.

14.  Prior to recording the mylar the plans shall be revised as follows:

a.         The final plat shall depict the property at a one inch equals 20 foot scale as required by the Subdivision Regulations.  Sheet 2A appears to be at 40 scale even though the graphic scale states 100.

15.  Prior to recording the Mylar for the proposed development the applicant shall submit and receive approval of the following:

a.       Executed warranty deeds for all rights-of-way and easements to be dedicated to the Town, and a Certificate of Title showing the title to be free and clear of all encumbrances.  All proposed deeds, easements, association documents , public improvement agreement, easement along Malletts Bay Avenue, Additional 10’ combined easement for street lights, trees and sight distance  and Certificate of Titles shall be submitted to the Planning and Zoning Department in digital Word format.  Deeds and certificates shall be approved by the Town Attorney. Approval of deeds by the Town does not constitute acceptance.

b.      Submit all covenants, homeowner’s documents, rental agreements and legal restrictions, including but not limited to maintenance of recreation areas, prohibiting the storage of recreational vehicles on-site, clearing and cutting restrictions, common land, cinder path between lots 15 and 16, open space and right to farm for adjacent properties and proposed Bylaws to the Town Attorney for review and approval   The Declaration of Bylaws shall clearly state that the Association shall own and maintain proposed common open space and recreational amenities. The Association shall be structured so that the proposed Association Board has the authority to convey common land to the Town without signoff from each Association member.

c.       An addition 10’ combined easement has been provided along the inside of both curves for street lights, trees and sight distance.  Care must be exercised in the selection and placement of street trees to avoid sight distance issues.

d.      The applicant shall submit and receive all necessary State Wastewater and Potable Water Supply Permits for the project.

16.    Prior to issuance of a building permit:

a.       The proposed project will disturb in excess of 1 acre of land, and therefore a State Construction General Stormwater Permit (3-9020) shall be required.

b.      A Public Improvement Agreement and sufficient surety (110% of cost) which guarantees the installation of all required public improvements and warrants their performance for a two-year period following final construction inspection and approval.  The amount of the surety shall be approved by the Town Engineer.  The improvement agreement shall also include sewer work.

c.       A new stormwater discharge (3-9015) will be required including post management plan for review and approval by the Department of Public Works. The provided drainage areas and included parcels must be recalculated.  The proposed division between permits will not be consistent with actual drainage.  An amendment for the previous permit 6900-9015 will also be required.  Portions of proposed roadway along with Lots 1 and 3 drain to the previous permit.  Also, the proposed 10’ multi-use path along Malletts Bay Ave and reduction for temporary turnaround will also be required unless previously addressed.

d.      A Quitclaim Easement Deed for Private Utility (Across Public Road) shall be required for all locations where private force main sewer lines cross under the proposed public road.  

e.       The Developer/Homeowner’s Association (HOA) shall enter into a stormwater maintenance agreement with the Town prior to the issuance of a building permit for the proposed lot additions...  The stormwater maintenance agreement shall be noted on all individual lot deeds. The Town of Colchester will only be responsible for the stormwater infrastructure constructed within the Town Right-of-Way.  The Developer/HOA will be responsible for all stormwater infrastructure constructed outside of the Town Right-of-Way including but not limited to private driveways, walkways, and roof areas.

f.       A Landscape Improvement Agreement and adequate surety to guarantee the installation (110% cost) and performance of the approved landscaping for a period of two years following the completion of installation.

g.      Fire District Two shall provide a letter for ability to serve the project and approve all water supply plans and allocation.

17.  Prior to issuance of a certificate of occupancy:

1. The applicant shall file a Residential Building Energy Standards (RBES) Certificate for each new residence in the Town Clerk’s Office within 30 days of completing the project.
2. Each residence shall have the E-911 number of the building displayed so as to be seen from the road if a porch light is on.  If the house cannot be readily seen from the road the number must also be placed at the start of the driveway such as on a mail box.

18.  Prior to the issuance of a building permit for the proposed development and after the requirements of conditions  14, 15 and 16 have been met and all requisite legal documents recorded (including but not limited to offers of dedication and easements), the applicant shall complete a pre-construction meeting with Town Staff.  The applicant is responsible for ensuring the project engineer and contractors attend this meeting.

19.  A sign application must be submitted by the applicant and must be reviewed and approved by the Zoning Administrator prior to the erection of any signs.  No signage is approved at this time.

20.  In accordance with Colchester’s Fee Ordinance Chapter 6 ½ - 4 (9) the applicant is responsible for payment of all permit fees as well as for the costs of reviews conducted by third-party consultants/experts requested by the Town.  All fees shall be paid prior to or at the time of obtaining a building permit.

21.  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.

22.  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 the Building, Zoning, Health and other applicable ordinances that may be required.

23.  Disposal of excavated earth material, stumps, brush, or other material removed from this site shall take place at a location properly permitted for such activity.  Placement of fill material in Colchester requires a permit to be obtained by the owner of the land to be filled.  Improper placement of material from this site shall constitute a violation of this approval.

24.  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.

25.  The project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, the Colchester Zoning Regulations and Subdivision 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 pursuant to 24 V.S.A. § 4455, as may be amended.  The Town reserves the right to petition the Environmental Division of the Vermont Superior Court for revocation of this approval and any permits granted hereunder, or to seek other enforcement action, if the Town believes the applicant/permittee has violated the terms of approval, or has obtained approval based on a misrepresentation of material fact.

26.  As required under Section 204(E) of the Subdivision Regulations, this approval shall expire and be of no force and effect if of the project has not been substantially constructed within one (1) year of the date of approval. Said one (1) year shall be extended by any action caused court proceedings.

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, 32 Cherry Street, 2^nd Floor, Suite 303 Burlington, VT 05401 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 6th day of June 2016.

                                                                        DEVELOPMENT REVIEW BOARD