TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

In Re:	Severance Family Holdings, LLC	HI, LLC
	c/o Mark Severance	c/o Paul Simon
	2179 Roosevelt Highway	3 School House Lane
	Colchester, VT 05446	Suite #1, 2^nd Floor, #593
		Etna, NH 03750

	Severance Road and Roosevelt Highway
	Tax Map 8, Parcel 38-2.

On the 8th day of November 2017 the Colchester Development Review Board approved the final plat and site plan applications of Severance Family Holdings and HI LLC for a one year extension of previously approved Planned Unit Development on a 63 acre parcel for forty-nine single-family homes (49 units), four duplexes (8 units), and seven multi-family buildings (56 units) for a total of 113 units located on Roosevelt Highway and Severance Road, tax map 8, parcel 38-2. The approval is based upon the following facts:

1. DISCUSSION

This project consists of final plat and site plan applications of Severance Family Holdings and HI LLC for a one year extension of previously approved Planned Unit Development on a 63 acre parcel for forty-nine single-family homes (49 units), four duplexes (8 units), and seven multi-family buildings (56 units) for a total of 113 units. The subject property is located on Roosevelt Highway and Severance Road, tax map 8, parcel 38-2.

Extension Request: In 2007 the applicant received final plat approval for a phased development over ten years. The applicant requested a one year extension as the applicant looks to amend the existing project. Staff supported this extension as it provides a reasonable timeline to apply for amendments to the project that will hopefully bring the project more in line with the existing regulations.

In 2013, the Colchester Planning Commission worked with the developer to completely change the zoning for this District: General Development Three. Form based code was put into place to increase densities and a variety of uses with the caveat that all buildings had to follow a certain form that spoke to the area’s designation as Colchester’s growth center: one of six State designated growth centers. The Planning Commission undertook overhauling the GD3 zoning in coordination with the applicant. The applicant has not provided sufficient information on how the existing approved site plan meets or does not meet the form based code. Additionally, the applicant has transferred wastewater allocation necessary to complete the build out of this project to other sites. It is unclear if the applicant has the necessary wastewater allocation to complete the project as previously approved. It should also be noted that the approved streets no longer meet public road standards.

The Planning Commission amended the form based code in 2016. Per Section 2.12 non-conformities are to be brought into compliance over time and not extended and expanded upon over time. Per Section 8.05H of the Zoning Regulations, one twelve month extension of a site plan is allowed. Staff recommends granting the applicant one 12 month extension of the site plan for the project. The applicant may use this year to amend the site plan again and perhaps justify conformance with the form based code and therefore a longer phased build out. Staff recommended granting a one year approval of the final plat as is typical of other final plats.

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 from the minutes of the November 8, 2017 meeting:

Paul Simon of HI, LLC was present on behalf of the final plat and site plan extension request.

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

The request is for a one-year extension in accordance with Section 8.05 of the Zoning Regulations.
The applicant would like at least a 2 year extension if that is allowable.
The purpose of an extension is to present the Severance Park application and bring the new project into conformance more with the regulations existing today.
The property has significant topographical challenges and a new approval would require greater setbacks than allowed for in form based code.
The extension request is being filled under the prior zoning which the development was approved under.

There were no comments or questions from the public.

A motion was made by E. Richard and seconded by B. Severin to close the public hearing. The motion passed with a vote of 6 – 0.

In deliberative session, a motion was made by Z. Bludevich and seconded by B. Severin to grant a one year extension of the final plat and site plan applications, with conditions. The motion passed with a vote of 5 – 1. J. Swenor opposed.

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.

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. The Board found the application meets this criterion.

Section 302 Suitability of Land: The project is an amendment to an existing planned unit development within the Designated Growth Center of Colchester. The applicant did not provide an existing conditions plan with this submission. The Board did not have sufficient information to make a determination; however, the Board determined that a one year extension would provide the applicant the necessary time to address the criteria.

Section 303 Lot Layout: All proposed lots are regularly shaped and no changes are proposed. Open space is planned to be contiguous. The applicant previously requested waivers per the Planned Unit Development Section Nine of the Zoning Regulations. The Board found the application meets this criterion.

Section 304 Building Envelopes: The plans depict both building footprints and envelopes. The Board found the application meets this criterion.

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. The Board found the application meets this criterion.

Section 306 Energy Conservation: The applicant shall build the new units to the Vermont Residential Energy Standards. Prior to the issuance of a Certificate of Occupancy 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. The Board found the application meets this criterion.

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. The Board found the application meets this criterion.

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: Wooded areas and limits of clearing were previously provided. The site is fairly well vegetated and the proposed plan takes advantage of natural screening in siting dwellings. Street trees and foundation plantings for the eight-plex buildings are shown on Sheets 19 and 20. Landscaping has been diversified to prevent against blight with a variety of oak, maple, and flowering trees proposed as street trees. Street Trees are located within the Right-of-Way wherever there is not a conflict with underground infrastructure. Evergreen trees are proposed for earthen berms around Buildings “D” and “E” to buffer these buildings from the adjacent site. Landscaping typicals were provided for the duplex buildings noting general locations for a variety of small and medium shrubs, small flowering trees, and small trees that will act as a buffer between the rear yards of the units. A landscaping plan for the recreation lot was previously provided showing a variety of shrubs and trees defining the recreational amenities. No changes are proposed. The Board found the application meets this criterion.

Section 310 Streets: All proposed streets shall meet the Public Works Standards and Specifications unless waived by the Director of Public Works. The stipulations of the waivers received from the Director dated March 9, 2007 were previously incorporated into the order of a Final Plat approval. Previously the width of the proposed streets restricted parking to be allowed on one side of the loop street, Public Street “A”, and the roads serving the eight-plexes: Public Streets “D” and “E”. All other streets within the project shall not be allowed on-street parking. The applicant proposed signs restricting on-street parking to only one side of the street on Owls Glen Circle, Glen Oak Road, and Sunny Ridge Road (public streets A, C, and D).

On street parking shall not be permitted along commercial/industrial streets (or residential streets narrower than 28’.) Proper signage shall be provided and installed by the developer in accordance with the MUTCD along the proposed new roadways. Prior to the issuance of a building permit, the plans shall be revised to provide missing stop signs and bars at both ends of island between Roosevelt Hwy and main loop of Owls Glen Cir. Provide same at both ends of Glen Oak Rd. Provide stop sign and bar on Sunny Ridge at Owls Glen Cir. Permanent development or neighborhood signs are not permitted within the public right of way. The shown sign in the island at access onto Roosevelt needs to be relocated. The applicant shall designate clustered mailbox pickup locations if desired or required for this development. To the extent possible, cluster mailboxes shall be placed outside of public rights of way, away from intersections, with pedestrian access, and overhead lighting. Revised plans showing signs removed from the right of way and clustered mailboxes, if any, shall be submitted prior to the issuance of a building permit. Prior to the issuance of a building permit, the applicant shall receive VTrans permit approval for both roadway access and utility crossing on or under US 2/7. The Board found the application meets this criterion.

Section 311 Pedestrian Access: Sidewalks are provided as required throughout the project along proposed roads. Sidewalks are linked to the proposed eight-plex structures with landscaping around the entrances. The applicant provided sidewalks leading to a well landscaped recreational amenity lot thereby connecting focal points of pedestrian activity. A 5-ft permanent easement for future sidewalk along Roosevelt Hwy and a 10-ft temporary construction easement adjacent to the permanent easement shall be granted to the Town of Colchester. Prior to the recording of the mylar, the applicant shall submit these easements for review and approval by the Town’s Attorney. Prior to the issuance of a building permit, the plans shall be revised to remove or relocate shown private trail from public right of way along US 2/7 (Roosevelt.) The plans shall be revised prior to the issuance of a building permit to provide handicapped accessible ramps with truncated dome pads on both ends of all public road crossings regardless of whether warrants for a crosswalk are met or not. The Board found the application meets this criterion.

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. The Board found the application meets this criterion.

Section 313 Storm Drainage & Erosion Control: The applicant previously submitted a stormwater management plan that meets the design requirements for a 25 year storm. It was noted that footing drains are proposed to connect to the Town’s storm sewer. The applicant shall have an indemnification article in each homeowner’s deed that states that the Town will be held harmless should groundwater backup into any residence. The proposed 8” SDR35 PVC Stub for the yard drain at Lot 16, if constructed, shall include a catch basin structure. Stormwater calculations and a copy of the Individual Stormwater Discharge Permit application shall be submitted to the Town Engineer for review prior to the issuance of a building permit. The use of Corrugated Metal Pipe is not permitted under public roadways as noted under Section 4.4A of the Manual. An alternate pipe material must be selected for the proposed 60” x 45” CMA near Station 25+30. These changes shall be made on the plans prior to the issuance of a building permit.

Due to the amount of proposed earth disturbance and newly created impervious surface area, this project will require both 3-9015 and 3-9020 General Permits for stormwater discharge from the State. The Developer shall be responsible for all storm water infrastructure constructed outside of Town Rights-of-Way and the impervious surface associated with private driveways, roofs, and parking areas.

The Developer/Homeowner’s Association shall enter into a storm water maintenance agreement with the Town of Colchester prior to the issuance of a building permit. The storm water maintenance agreement shall be noted on all individual lot deeds. The Developer/Homeowner’s Association will be responsible for all storm water infrastructure constructed outside of the Town Right-of-Way.

The Town of Colchester and the Developer shall become Co-applicants on a General Permit 3-9015. The Town of Colchester shall only be responsible for the storm water infrastructure constructed within the Town Right-of-Way and the impervious surface associated with the approved street and sidewalk. The Developer shall enter into a storm water maintenance agreement with the Town of Colchester prior to the issuance of a building permit. The storm water maintenance agreement shall be noted on all individual lot deeds. The Developer/Homeowner’s Association shall be responsible for all storm water infrastructure constructed outside of the Town Right-of-Way and all impervious surfaces outside of public easements or rights of way including private driveways, walkways, and roof areas. The Board found the application meets this criterion.

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. The Board found the application meets this criterion.

Section 315 Outdoor Lighting: The applicant previously received approval for the following parking lot lights for the eight-plex area: 1) seven 100-watt, metal halide, AC Series building-mounted lights with mounting heights of 14 feet and 2) fifteen 100-watt, metal halide, Hadco Homeland V602 pole-mounted lights with mounting heights under 15 feet. The average illumination of the parking areas is .13 footcandles (fc) and does not exceed the maximum of one fc. The maximum uniformity ratio of 20:1 is not exceeded as the proposed on-site ratio is 6:0. Sheet 22 should be revised as the detail for Street Lighting is incorrectly labeled as “Typical Parking Lot Light” prior to the issuance of a building permit.

It was noted that the 55 watt Induction lamp is no longer produced by Philips/Lumec. Update specifications to reference the newer Metroscape LED Model on the same post as detailed on Page 79 of the Manual. The plans shall be revised prior to the issuance of a building permit to provide missing electrical layout for street lights to confirm separation of lines maintained by the Town and those maintained by the Utility Provider or others and show meter/shutoff location as well as conduit sizing and placement including any necessary junction boxes. The Board found the application meets this criterion.

Section 316 Recreation Areas: The applicant previously received approval for a network of informal off-road pedestrian trails to link the natural areas together. A multi-use path was proposed that will link the project to Severance Corners through the eight-plex area with benches along it. A formal recreation area was proposed at the intersection of public streets “A” and “D”: Owls Glen Circle and Sunny Ridge Drive. This recreation area includes a pool, with a shallow wading pool, a swing set, a pavilion, and a tot-lot geared toward children age two to age five. This recreation lot is well landscaped so as to define each of the recreation amenities and provide a variety of sitting areas. This recreation lot shall be constructed as part of the second phase and will be owned and maintained by the Homeowners’ Association. The Board found the application meets this criterion.

Section 317 Open Space & Common Land: The plans depict 32.04 acres of Open Space or 51% of the overall project. The applicant previously provided a draft Declaration of Covenants and a draft Declaration of Condominium for the project which indicates that the proposed open space will be maintained by a Homeowners’ Association. Primitive paths are proposed through the open space areas around Class II and III wetlands providing for enjoyment of these natural areas without detriment. The Board found the application meets this criterion.

Section 318(A) Pollution: One of the driving concepts behind this District is the integration of shopping, services, and employment with residential opportunities. The proposed development will offer a high density residential neighborhood adjacent to the approved commercial uses. This combination of uses can reduce automobile dependency, and therefore reduce auto emissions. The applicant stated that all buildings will be designed to the energy performance requirement in the Vermont Act 250 Energy Guidelines.

Prior to the issuance of a building permit, the applicant shall apply for and receive a State Water and Wastewater Permit as well as the required allocation for the project. The project is within the municipal sewer service area. The applicant submitted calculations that the project will require 25,590 gallons per day (gpd) of wastewater allocation. The Board found the application meets this criterion.

Prior to the issuance of a building permit, the applicant shall submit revised plans updating all manhole details and/or related notes to provide 30” minimum clear opening area for both precast manholes and castings. Revise noted castings as Lebaron is now EJ and hinged arm covers are no longer permitted in paved areas. Refer to Section 6, Page 101 of current DPW Specifications and Standards (Manual.) Prior to recording the mylar, the plans shall be revised to show easement areas at 24’ x 40’ are insufficient for access and long term maintenance of sewer pump stations. A minimum size of 50’ x 50’ needs to be provided unless otherwise approved by DPW.

Prior to issuance of a building permit, the plans shall be revised to show:

1. Provide driveway access with turnaround at all public stations. Portion of driveway within one car length of road or between sidewalk and roadway must be paved.

2. To the extent possible, private force mains shall not be placed within public rights of way for extended distances and shall cross public roads as closely to 90° as possible. Routing of flow from Station 4 through Station 3 may be necessary. A Quitclaim Easement Deed for Private Utility (Across Public Road) will be required for all locations where private force main sewer lines cross under public roads.

3. Plans for sewer force mains are unclear as to discharge point for Station 4 as 4 appears to parallel the line from 2 to the existing manhole on the SW quadrant, but the line types are inconsistent. Details for air release/relief valves at this same location are also unclear. Multiple directional drills with public (Station 2) and private (Station 4) force mains crossing US 2/7 and Blakely/Severance intersection will not be permitted. Shown diagonal crossing of intersection is not recommended and appears to conflict with proposed overhead truss mounted signals.

4. Provide additional pump station details including intended Manufacturer, Model, Impeller Size, Horsepower rating, electric phasing, etc.

5. Station specifications must be updated to include level transmitter, remote access, pump controls, and alarm/telemetry system compatible with the Town’s current Missions Communications system. Refer to Section 7.3 of Manual.

6. Only one sewer main shall enter a pump station wet well. Revise Stations 1 and 2 to provide only one 8” main entering. An additional offset manhole may be required.

7. Sewer mains serving multiple properties must be 8” minimum. Revise shown 6” main serving Monarch Lane and Rabbit Run. As Monarch Lane and Rabbit Run are both private streets, the Town will not be able to provide maintenance of sewer mains serving residents along these streets. Revise shown easement to the benefit of the Town. These lines must be maintained by the Developer or Home Owner’s Association. The same rules will apply for Pump Station #4 and lines serving Herbert Hill and the extended drive off of Sunny Ridge.

The Board found the application meets this criterion with these changes.

Section 318(B) Water Supply: The applicant previously provided a letter confirming the ability to serve the project with 49,950 gallons per day from Fire District Three. The Fire District is working with the Champlain Water District on obtaining sufficient water storage. Until this issue is resolved, the applicant will need to construct the project through the proposed phasing plan which has been based on current supply of water storage and sewerage. Fire District #3 shall review and approve the proposed water system design prior to recording the mylar. The Board found the application meets this criterion.

Section 318(C) Soil Erosion: The applicant submitted a stormwater management plan that meets the design requirements for a 25 year storm. The applicant shall execute a maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management measure. The maintenance agreement shall be recorded in the land records before the issuance of a building permit. The Homeowners Association and the Town of Colchester shall become co-applicants on the stormwater permit upon acceptance of the stormwater infrastructure within the Right-of-Way by the Town. The Board found the application meets this criterion.

Section 318(D) Traffic: A traffic study was submitted and reviewed by the Town Engineer. The project is anticipated to generate 894 average weekday vehicle trip ends with 83 of these occurring in the AM peak hour and 104 of these occurring in the PM peak hour. The study indicated that the project will cause a letter grade deficiency in the level of service for eastbound traffic on Blakely Road during the PM peak hour in 2007 and in the AM peak hour southbound Roosevelt Highway traffic in 2012. The applicant proposed solutions to mitigate traffic impacts that included reducing the speed limit on Roosevelt Highway in the vicinity of the project from 50 miles per hour to 40. Other solutions include the installation of turn lanes on Roosevelt Highway. As this is a State Highway and the applicant will be subject to State Highway Permits, the applicant should continue to work with the State as well as the Town to implement the appropriate solutions. The applicant is currently working with the Town and State to examine reducing speed limits within this area.

A phasing table for the project was submitted. The applicant shall perform a warrant analysis and construct all necessary improvements prior to advancing to the fourth phase of the project. The applicant shall contribute toward the design and construction of improvements to the Severance Corner's Intersection and pedestrian improvements along Severance Road and U.S. Rt. 7 as outlined in a Public/Private Partnership Agreement currently being negotiated between the Town of Colchester and all Developers within the Severance Corners Growth Center. The Board found the application meets this criterion.

Section 318(E) Natural Areas: The Class II and III wetlands and applicable buffer are shown on the plans. Wooded areas and limits of clearing are also shown on the plans. Permits would need to be pursued at the State and Federal level for impacting the wetlands and wetland buffers. It appears that some of these impacts will be the crossing of proposed public streets and associated infrastructure through the wetlands. The applicant shall provide the Town with draft requirements of State and Federal permits prior to the issuance of a building permit to ensure that no unmanageable requirement will be placed upon the proposed public infrastructure. The applicant previously provided information on rare or threatened species, habitat, or natural areas on the project site per the 2007 Municipal Plan. The State concurred that no rare, threatened, or endangered species are located in the project area. The Board found the application meets this criterion.

Section 318(E) Historic Sites: The applicant performed archaeological investigations on the property under the review of the State Division for Historic Preservation. The applicant previously provided a letter from the Division stating that the applicant produced the necessary information on the project’s potential impacts to archaeological resources and no additional study is necessary. The proposed project design should therefore not have an adverse impact on historic resources. The Board found the application meets this criterion.

Section 318(F) Streets & Public Facilities: A Homeowners’ Association shall be required to execute a Maintenance Agreement for all stormwater improvements located outside of the Town’s right-of-way. The Association shall be co-applicants with the Town on a Stormwater Discharge Permit. The Town’s Attorney shall review and approve the Agreement as well as all proposed rights-of-way, easements, and other property to be turned over to the Town.

Prior to the issuance of a building permit, the plans shall be revised to show Street Trees planted at intervals of no more than sixty feet (60’) on both sides of all public streets. All new trees shall be planted inside of the street right of way or an approved easement area where necessary. A minimum of three varieties shall be selected from the Street Tree Master Plan. Green Ash is no longer an acceptable tree species due to the infestation of the Emerald Ash Borer. An alternate species of tree shall be provided. The Board found the application meets this criterion.

Section 318(G) School Review: The applicant shall submit correspondence from the Superintendent of Schools indicating the impact on the Colchester school system prior to the issuance of a building permit. The Board found the application meets this criterion.

Section 318(H) Governmental Services: The Colchester Building Inspector previously consulted with the two fire departments that service Colchester and had the following comments:

1. The multi-family buildings will be required to be equipped with sprinklers with a four-inch STORZ fire department connection (FDC) in a location to be determined by the Officer.

2. A locator light shall be placed above the FDC on the multi-family buildings.

3. An access box shall be placed on the exterior of the multi-family buildings in a location to be determined by the Officer. All keys, as necessitated under Section 43 of the Chapter Seven of the Colchester Code of Ordinances (Fire Regulations), shall be supplied to the Colchester Center Volunteer Fire Company to be located in the box prior to issuance of a Certificate of Occupancy.

4. Fire alarm panels shall be installed on the multi-family buildings in a location to be determined by the Officer.

5. If the multi-family buildings employ elevators, the elevators shall meet the specifications of Section 62 of the Fire Regulations.

6. All fire hydrants shall meet or exceed the minimum National Fire Protection Association flow requirements.

The Board found the application meets this criterion.

Section 403 Escrow Requirements: The applicant shall provide letters of credit or escrows for the proposed streets, sidewalks, public infrastructure, and landscaping. The applicant shall phase the letter of credit per the construction phasing plan prior to issuance of a building permit. The Board found the application meets this criterion.

ZONING REGULATIONS

§ 4.03 General Development Three GD3: The proposed project is within the General Development Three District which is a form based code district. The applicant did not provide adequate information to evaluate how the project meets these requirements. The applicant previously proposed design guidelines for the multi-family buildings (Buildings A-F) under tab fifteen of the application as well as renderings under tab sixteen. The colonial revival style buildings will be two stories in height overtop a drive-under garage with a front gabled roof clad with earth-tone or light pastel vinyl siding and topped with architectural grade asphalt shingles. These buildings will have drive-under garages that are mostly below grade. Architectural details, including porticos, corner boards, and shutters, will be employed to break up the massing of the buildings and articulate the facades. The applicant applied for site plan with final plat thereby allowing the minor changes to the multi-family buildings to be handled administratively as long as the alterations are in keeping with the intent of the design guidelines. The Board did not have sufficient information to make a determination; however, the Board determined that a one year extension would provide the applicant the necessary time to address the criteria.

§ 8.07A(1) Water/Air Pollution (Septic): One of the driving concepts behind this District is the integration of shopping, services, and employment with residential opportunities. The proposed development will offer a high density residential neighborhood adjacent to the approved commercial uses. This combination of uses can reduce automobile dependency, and therefore reduce auto emissions. The applicant stated that all buildings will be designed to the energy performance requirement in the Vermont Act 250 Energy Guidelines.

Prior to issuance of a building permit, the plans shall be revised to show:

1. Provide driveway access with turnaround at all public stations. Portion of driveway within one car length of road or between sidewalk and roadway must be paved.

4. Provide additional pump station details including intended Manufacturer, Model, Impeller Size, Horsepower rating, electric phasing, etc.

6. Only one sewer main shall enter a pump station wet well. Revise Stations 1 and 2 to provide only one 8” main entering. An additional offset manhole may be required.

The Board found the application meets this criterion with these changes.

§ 8.07A(2) Water: The applicant previously provided a letter confirming the ability to serve the project with 49,950 gallons per day from Fire District Three. The Fire District is working with the Champlain Water District on obtaining sufficient water storage. Until this issue is resolved, the applicant will need to construct the project through the proposed phasing plan which has been based on current supply of water storage and sewerage. Fire District #3 shall review and approve the proposed water system design prior to recording the mylar. The Board found the application meets this criterion.

§ 8.07A(3) Coverage/Stormwater: The applicant previously submitted a stormwater management plan that meets the design requirements for a 25 year storm. It should be noted that footing drains are proposed to connect to the Town’s storm sewer. The applicant shall have an indemnification article in each homeowner’s deed that states that the Town will be held harmless should groundwater backup into any residence. The proposed 8” SDR35 PVC Stub for the yard drain at Lot 16, if constructed, shall include a catch basin structure. Stormwater calculations and a copy of the Individual Stormwater Discharge Permit application shall be submitted to the Town Engineer for review prior to the issuance of a building permit. The use of Corrugated Metal Pipe is not permitted under public roadways as noted under Section 4.4A of the Manual. An alternate pipe material must be selected for the proposed 60” x 45” CMA near Station 25+30. These changes shall be made on the plans prior to the issuance of a building permit.

§ 8.07A(4) Traffic /Access/Circulation: The original approval of the project required that the applicant contribute toward the design and construction of improvements to the Severance Corners Intersection and pedestrian improvements along Severance Road and US Routes 2/7. At this time, VTrans is designing this project and it is unclear as to what pedestrian amenities the applicant will be required to provide versus the State. The applicant shall provide a phasing plan reflecting the installation of pedestrian improvements in coordination with the State project. All improvements for the project shall be completed in a timely fashion so as to best serve the development in that phase. This may require the installation of some improvements in advance of the State project. No financial contribution to the intersection improvement by the applicant is anticipated to be required at this time aside from any Fair Share fees that may be applicable as part of any State permits. The stopping of traffic on the 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 and 4:30PM-5:30PM). The Board found the application meets this criterion.

§ 8.07A(5) Setbacks: The applicant was granted the following waivers at Preliminary Plat:

1. reduction of the minimum lot size from 10,000 sq. ft. to 7500 sq. ft.;

2. reduction of the minimum street frontage from 100 ft. to a 31.1 ft.;

3. reduction of the minimum side yard setback from 15 ft. to 10 ft.;

4. reduction of the minimum front yard setback from 30 feet to 20 feet for the single-family lots;

5. reduction of the minimum front yard setback from 30 feet to 10 feet for the multi-family lots;

6. reduction of the minimum rear yard setback from 25 feet to 10 feet

7. reduction of the minimum front setback from an arterial street from 75 feet to 50 feet along the Circumferential Highway right-of-way

8. reduction of the PUD buffer by 8 feet from 50 feet to 42 feet for Building G.

The Board found the application meets this criterion.

§ 8.07A(6) Historic Sites / Natural Areas: The applicant performed archaeological investigations on the property under the review of the State Division for Historic Preservation. The applicant previously provided a letter from the Division stating that the applicant produced the necessary information on the project’s potential impacts to archaeological resources and no additional study is necessary. The proposed project design should therefore not have an adverse impact on historic resources. The Class II and III wetlands and applicable buffer are shown on the plans. Wooded areas and limits of clearing are also shown on the plans. Permits would need to be pursued at the State and Federal level for impacting the wetlands and wetland buffers. It appears that some of these impacts will be the crossing of proposed public streets and associated infrastructure through the wetlands. The applicant shall provide the Town with draft requirements of State and Federal permits prior to the issuance of a building permit to ensure that no unmanageable requirement will be placed upon the proposed public infrastructure. The applicant previously provided information on rare or threatened species, habitat, or natural areas on the project site per the 2007 Municipal Plan. The State concurred that no rare, threatened, or endangered species are located in the project area. The Board found the application meets this criterion.

§ 8.07A(7) Scenic Beauty/Aesthetics: The proposed project is within the General Development Three District which is a form based code district. The applicant did not provide adequate information to evaluate how the project meets the these requirements. The Board did not have sufficient information to make a determination; however, the Board determined that a one year extension would provide the applicant the necessary time to address the criteria.

§ 8.07A(8) Public Facilities: The proposed streets for the project are to be public and will require a public improvement agreement prior to the issuance of a building permit. Prior to recording the mylar, the applicant shall receive approval from the Town’s Attorney for all proposed irrevocable offers of dedication, easements, certificate of title, and any other required legal documents. The Board found the application meets this criterion.

§ 8.07A(13) Parking: Care has been taken to reduce the visual dominance of automobiles in building design and parking lot layout. Headlights from parking areas shall be screened from off-site glare through the use of landscaping in the eight-plexes. Plantings have been added since Preliminary Plat to screen Building “C” from the parking area for Buildings “A” and “B”. All single family dwelling units require two parking spaces not stacked. All multi-family units require two parking spaces per unit and one additional parking space for every four units. The duplex buildings will have two-car garages. The eight-plex buildings require 18 parking spaces. The applicant has proposed eight underground parking spaces and ten surface parking spaces for each eight-plex. One handicapped parking space is provided per eight-plex as required. The Board found the application meets this criterion.

§ 8.07A(14) Lighting: The applicant proposed the following parking lot lights for the eight-plex area: 1) seven 100-watt, metal halide, AC Series building-mounted lights with mounting heights of 14 feet and 2) fifteen 100-watt, metal halide, Hadco Homeland V602 pole-mounted lights with mounting heights of 15 feet. The average illumination of the parking areas is .13 footcandles (fc) and does not exceed the maximum of one fc. The maximum uniformity ratio of 20:1 is not exceeded as the proposed on-site ratio is 6:0. The Lumec Serenade post top originally approved for this project shall be substituted for lower wattage (55W48LED) version for 14’ mounts for traffic damaged lights based on the improved performance and directional characteristics of the LEDs. The final plat plans shall be revised to show the 55W48LED version street lights. The Board did not have sufficient information to make a determination; however, the Board determined that a one year extension would provide the applicant the necessary time to address the criteria.

§ 8.07A(9) Municipal Services: The project shall conform to Chapters Four and Seven of the Colchester Code of Ordinances in effect at the time of construction. The Board found the application meets this criterion.

§ 8.07A(10) Character of the Area: The project is located within the General Development Three District. The purpose of this district is to facilitate a development pattern and interconnected street network within the Severance Corners Form-Based District that is modeled on traditional New England downtowns. Conformance with the Form Based District cannot be determined at this time. The Board did not have sufficient information to make a determination; however, the Board determined that a one year extension would provide the applicant the necessary time to address the criteria.

§ 8.07A(11) Town Municipal Plan: The project site is within the Designated Growth Center for the Town of Colchester. The amended 2017 Town Plan in its first policy for the Severance Corners neighborhood states: “Form based zoning should be implemented in the growth center to create higher densities and additional commercial development.” The project cannot be evaluated at this time for conformance with the form based code. Policy six states: “The Town should continue to work with the State of Vermont and developers within the growth center to preserve options for this intersection and ensure that improvements occur in a manner that will continue to facilitate growth within the neighborhood.” The applicant shall provide an updated phasing plan in coordination with the planned State improvements. The Board did not have sufficient information to make a determination; however, the Board determined that a one year extension would provide the applicant the necessary time to address the criteria.

§ 8.07A(12) Landscaping: Landscaping has been diversified to prevent against blight with a variety of oak, maple, and flowering trees proposed as street trees. Evergreen trees are proposed for earthen berms around Buildings “D” and “E” to buffer these buildings from the adjacent property. Landscaping typicals were provided for the duplex buildings on Sheet 20 noting general locations for a variety of small and medium shrubs, small flowering trees, and small trees that will act as a buffer between the rear yards of the units. A landscaping plan for the recreation lot was provided on Sheet 20A showing a variety of shrubs and trees defining the recreational amenities. The Board found the application complies with this criterion.

Section 9.01C Planned Unit Development General Standards: The project encompasses an area greater than 1.5 acres. The proposal demonstrates an effective and unified treatment of the development possibilities on the project site through the use of pedestrian ways linking open spaces to dwellings and the location of a central recreational amenity. Lots are numbered including the open space lots. The applicant was granted specific waivers previously. The Board found the application complies with this criterion.

Section 9.01D Specific Standards: All proposed lots are regularly shaped. Open space is planned to be contiguous. The applicant was granted the following waivers per the Planned Unit Development Section Nine of the Zoning Regulations at Preliminary Plat: