FINDINGS OF FACT

On the 11th day of April 2018 the Colchester Development Review Board approved the Preliminary Plat application Cosimo and Sandra Lomartire and Rivers Edge Building Development, LLC for a 49 unit, 28 lot planned residential development on an existing 48 acre parcel developed with a single family residence.  The planned unit development consists of: 1) twenty-three (23) single family lots; 2) thirteen (13) duplex structures; 3) three (3) common parcel; and 4) public road.  Subject property is located at 634 Malletts Bay Avenue, tax map 6, parcel 5.  The approval is based upon the following facts:

1.         DISCUSSION

This project consists of a preliminary plat application of Cosimo and Sandra Lomartire and Rivers Edge Building Development, LLC for a 49 unit, 28 lot planned residential development on an existing 48 acre parcel developed with a single family residence.  The planned unit development consists of: 1) twenty-three (23) single family lots; 2) thirteen (13) duplex structures; 3) three (3) common parcel; and 4) public road.  Subject property is located at 634 Malletts Bay Avenue, tax map 6, parcel 5.

The property is located in the R2 District and is bounded on the north by two planned residential developments, on the east by two single family residences and Malletts Bay Avenue, and on the south by an agricultural property, and on the west by undeveloped floodplain that is part of a parcel with a radio station on it.

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

1.  Ed Richard, 165 Annas Court, Colchester, VT

The following is an excerpt from the minutes of April 11, 2018

E. Richard recused himself as he is an abutting property owner. M. Palmer assumed the role vacated by E. Richard.

David Burke and Dan Heil of O’Leary Burke Civil Associates were present on behalf of the preliminary plat application.  The presentation included, but was not limited to, the following:

• This project consists of a 49 unit, 28 lot planned residential development on an existing 48 acre parcel developed with a single family residence.
• Duplex units will be served by a community septic and single family homes will have onsite septic.
• The applicant has proposed to construct a 26-foot wide paved public road with open drainage in an internal loop.
• The sidewalk on Lomartire Drive was swapped from the north side to the south side, as requested by the Department of Public Works.
• Structures have been clustered to preserve area on the west and along exterior boundaries.
• Lot 16 has been modified to extend preserved portion to protect wildflower in the common area.
• Lot 1& 2 were revised to provide setback for PUD requirements.
• A 5-ft permanent easement for future sidewalk along Malletts Bay Ave and a 10-ft temporary construction easement adjacent to the permanent easement shall be granted to the Town of Colchester for lots 1 and 2.
• The project will replace the Malletts Bay Avenue 6” water main from Blakely Road to Hummingbird Drive with an 8” main prior to the occupancy of the first unit.
• The project has 2 crossings, which improves access for emergencies and plowing.
• Single family homes will be a custom design with varying colors. Duplex units will vary in colors as well.
• Multi-use path will continue to Hummingbird Drive and then extend to a walking path only.

E. Richard discussed his concern for the need for some screening to be provided behind his unit as a result of the proposed change.  The engineer indicated that they would be willing to provide screening.

A motion was made by A. MacDonald and seconded by B. Severin to close the public hearing.  The motion passed with a vote of 7 – 0.

In deliberative session, a motion was made by A. MacDonald and seconded by Z. Bludevich to approve the preliminary plat. The motion passed with a vote of 6-1 with J. Swenor opposing.

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 Development Regulations.

DEVELOPMENT REGULATIONS

Section 9.05A Required Improvement List: The project shall be expected to comply with this section of the Development Regulations as part of the Final Plat approval.  The Board found the application meets this criterion.

Section 9.05B Suitability of Land: The density for the property would allow up to 104 units and the applicant is proposing 50 units.  The applicant provided a complete existing conditions plan showing the entirety of the property.  The rear of the parcel, lot 27, is proposed to be conserved, and is noted as having the presence of a natural community as identified by the Vermont Nongame Natural Heritage Program as well as wetlands and floodplain.  No development is proposed within the vicinity of the wetlands or floodplain.  The property is to be designated as open space and should be deed restricted so as to remain undeveloped in perpetuity. Natural cover to be retained is noted on the plans however is very minimal and may be problematic in terms of required vegetated buffers for the PUD requirements.  The applicant provided correspondence from the State Division of Historic Preservation stating that none of the area to be developed on the property is archaeologically sensitive. The Board found the application meets this criterion.

Section 9.05C Lot Layout:  Generally newly created lots should have side lot lines at right angles to the road right-of-way.  The applicant made improvements to lot layout since the sketch plan application.  There were several lots at sketch with irregular shapes.  The only lot that has remained irregular is lot 16 that was lot 17 at sketch.  Lot 16 has an odd dog leg shape however this is exacerbated by the wrapping of the common parcel around the lot.  The front lot line of the lot should be brought up to the rear of lots 17 and 15 to make this more regularly shaped.  The applicant stated that the presence of the natural community prevents the lot from being regularly shaped however this does not justify the irregular shape.  A conservation easement could be placed on lot 16.  The applicant stated that they will check with the State of Vermont that has required the easement to see if this is feasible.  Staff recommended that a conclusive answer should be provided by the State prior to final and the plan perhaps revised accordingly.  The Board found the application meets this criterion.

Section 9.05D Building Envelopes: Building envelopes are depicted on the plans that meet the setback requirements of the R2 District with the exception of front yard setbacks.  The applicant  proposed, and the Board granted, a 25 foot front yard setback instead of a 30 foot front setback from the internal street.  This reduction will be considered under the Planned Unit Development criteria. The Board found the application meets this criterion.

Section 9.05E Monuments and Lot Corner Markers: The public right of way shall be delineated with 4” x 4” concrete monuments at all property corners as well as points of curvature and tangency proposed along existing or proposed public streets.  The Board found the application meets this criterion.

Section 9.05F Energy Conservation:  The applicant shall enroll the new homes in the Vermont Energy Star program prior to the issuance of a Certificate of Occupancy.  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 or prior to the issuance of a certificate of occupancy for an individual unit (whichever comes first). The Board found the application meets this criterion.

Section 9.05G Water Supply: The applicant submitted a letter from Colchester Fire District Two stating that it has the ability to serve the project with 21,870 gallons per day for up to 1) 23 Single family homes with a maximum of 4 bedrooms each; 2) 8 Townhomes with 2 bedrooms each, and 3) 18 Townhomes with 3 bedrooms each. This allocation is contingent on the replacement of the Malletts Bay Avenue 6” water main from Blakely Road to Hummingbird Drive with an 8” main prior to the occupancy of the first unit.  The District has also prohibited the installation of irrigation systems unless so specifically permitted by the District.  The Board found the application meets this criterion.

Section 9.05H Sewage Disposal: The plans include information on proposed and existing septic facilities.  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.  The applicant shall receive approval for a State Wastewater Permit prior to recording of the mylar.  The only shared system appears to be the community system for the townhomes.  Prior to recording the final plat, the Town’s Attorney shall review and approve the proposed condo docs to ensure right of access for all townhomes and that maintenance will be collectively addressed. The Board found the application meets this criterion.

Section 9.05I Site Preservation and Landscaping: Sheet two of the plans shows existing features, and natural cover. The applicant provided a complete existing conditions plan showing the entirety of the property.  The rear of the parcel, lot 27, is proposed to be conserved, and is noted as having the presence of a natural community as identified by the Vermont Nongame Natural Heritage Program as well as wetlands and floodplain.  No development is proposed within the vicinity of the wetlands or floodplain.  The property is to be designated as open space and should be deed restricted so as to remain undeveloped in perpetuity. Natural cover to be retained is noted on the plans.

The applicant proposed lot 26 as a common land parcel.  This lot is entirely PUD buffer and does not meet the requirement for open space layout contained in Section 9.07D(4)(c) as it is only 50 feet wide and more than 8:1 in relation of length to width.  As the parcel does not meet the required open space lot size requirements, it can be maintained as a common parcel by the proposed association.  It was recommended that the applicant explore using this lot of stormwater infiltration.

The final plat application shall include a landscaping plan that meets Section 9.07D for the required minimum 30 feet of PUD buffer. 

The applicant has proposed a typical foundation planting for the 26 townhouses including a mix of Summer Wine Ninebark, Annabell Hydrangea, Blue Star Juniper, Golden Princess Spirea, Northland Blueberry, and Black Lace Elderberry shrubs.  These shrubs total $22,050 in value.  A landscape improvement agreement shall be executed for these plantings prior to the issuance of a building permit for the units.  The applicant has also proposed a mix of Littleleaf Linden, European Horsechestnut, and Thornless Honeylocust for $24,000 in street trees.  Prior to the issuance of a building permit for the public infrastructure, a landscape improvement agreement shall be executed.

The covenants and homeowners association documents shall provide for the upkeep and conservation of the open space parcel and common land parcel.  Buffering of the proposed project site from the adjacent agricultural lands is recommended.  It was recommended also that the properties include right to farm language in their deeds to protect the adjacent agricultural uses to the south. The Board found the application meets this criterion.

Section 9.05J Streets: The applicant proposed to construct a 26-foot wide paved public road with open drainage in an internal loop.  Prior to final plat submittal, the applicant shall provide a street name for Street B as approved the by the Colchester 911 Coordinator.  All proposed public infrastructure shall be guaranteed by execution of a public improvement agreement prior to the issuance of a building permit for infrastructure. 

Drywells adjacent to Units 49/50 and two drywells adjacent to 38/39 shall be relocated into the public ROW as part of the final plat submittal. The applicant has indicated that these four drywells have already been proposed for relocation to the public ROW. Staff accepted the current design for purposes of preliminary review but expects that these drywells shall be relocated accordingly for final submittal.

The Director of Public Works approved a waiver from the maximum residential driveway standard of 20’ to allow a 40’ wide driveway for duplex units 37/38, 35/36, 33/34, 45/46, and 51/52. 

On street parking shall not be permitted along residential streets narrower than 28’.  Proper signage shall be installed by the developer in accordance with the MUTCD.

No open cuts will be permitted. All necessary roadway crossings of Malletts Bay Ave must be performed by dry boring and jacking, directional drilling, or other sub-surface methods. A steel encased bore (16” minimum) will be required for the proposed 8” water main.  Revise Jack and Bore Detail on Sheet 11 accordingly.

The use of exposed 4’ wide precast manhole “flat tops” with cast-in-place hatches will not be permitted in residential areas and the final plat application shall be revised to address this.  A cast iron access ring and cover with 8” height shall be required. The minimum depth for these structures with precast units and footings as scheduled will be 12’.  Update cover letter accordingly. The drywells do not receive runoff. Remove notes directing contractors to grade to these structures on Drywell detail (Sheet 12.)

The final plat application shall relocate stop bar and sign to provide minimum 4’ offset for proposed crosswalk at Annas Ct/Malletts Bay intersection.  Lot 2 shall be restricted to driveway access off of Lomartire Dr only. The final plat application shall update GCS 4 on Sheet 4 to indicate current VTrans Spec to say 2011 or most recent. The final plat application shall revise the Stabilized Construction Entrance detail on Sheet 12A in accordance with Figure 8.1 of the DPW Manual.

Section 9.05K Pedestrian Access: The applicant proposed a five-foot-wide sidewalk along the new public road and a multi-use path along Malletts Bay Avenue.  The minimum green space between roadway and sidewalk or multi-use path shall be 7.5’ on the final plat application as indicated on Figure 3.7 of DPW Manual.  The final plat application shall realign Malletts Bay Ave sidewalk with multi-use path.  The final plat application shall show the permanent easement and/or ROW boundary offset from sidewalks by a minimum of one foot and from multi-use paths by three feet and provide dimensions on plan.

The final plat application shall upgrade existing ramp at corner of Hummingbird Dr and Malletts Bay Ave to current ADA standards and provide pedestrian warning signs (W11-2 with W16-7P Arrow Plaque) in fluorescent yellow green on each side of proposed crossing at Annas Ct and Lomartire Dr.

A 5-ft permanent easement for future sidewalk along Malletts Bay Ave and a 10-ft temporary construction easement adjacent to the permanent easement shall be granted to the Town of Colchester for Lots 1 and 2.  Prior to recording the mylar, the Town’s Attorney shall review and approve all proposed easements.   Per Appendix D, p.29, street trees are to be located at least 10’ from the nearest utility. The final plat plans shall be revised accordingly. The Board found the application meets this criterion.

Section 9.05L Utilities: All utilities shall be underground.  The Board found the application meets this criterion.

Section 9.05M Traffic: A Traffic Study in accordance with Section 1.4of the Public Works Standards and Specifications was submitted for this project. 

The final plat submittal shall include a summary table showing the change in number of turning movements as a result of the Lomartire project, using the Brigante project’s Traffic Study as a baseline for existing conditions, for the following intersections: Malletts Bay Ave/Blakely Road, Malletts Bay Avenue/Thomas Drive, and Thomas Drive/Blakely Road.

The 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.)  Construction traffic is to be limited to new access off of Malletts Bay Ave. Trucks are not to use Thomas Drive for access from Blakely. The final plat plans shall have this added as notes to the plan. The Board found the application meets this criterion.

Section 9.05N Storm Drainage & Erosion Control: Post development stormwater runoff flows shall be equal to or less than pre-development stormwater runoff flows for a minimum 25-year, 24-hour storm event.  Applicant submitted documentation supporting this design requirement.  Stormwater calculations and a copy of the Stormwater Discharge Permit application were submitted to the Town Engineer for review.

As outlined under Section 4.4 E of the DPW Manual, no bends will be permitted in stormwater drain lines that receive surface waters.  The final plat application shall revise plans to remove bends shown in profile near catch basin or drywell entry.  Where two 45° bends have been placed near street intersections, these bends shall be removed in favor of a catch basin. Offset measurements will be required for stormwater facilities to be owned and maintained by the Town.  Measurements must be shown on both Plan/Profile and Subdivision Plat Sheets at final plat submittal.

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 will 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 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. The Board found the application meets this criterion.

Section 9.05O Excavation & Grading: Due to the amount of proposed earth disturbance (greater than 5 acres) and newly created impervious surface area (up to 20% on each lot), 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 Board found the application meets this criterion.

Section 9.05P Outdoor Lighting:  Street lights for R2 Zone shall be 35w LED Philips/Lumec Metroscape on 12’ post in accordance with Section 3.16 of the DPW Manual.  The final plat application shall include the Street Light Power Supply layout including placement of meter/shutoff.  The Board found the application meets this criterion.

Section 9.05Q Municipal Facilities & Recreation Areas: A portion of the subject property near the western end of the parcel is crossed by the previously planned VTrans Circ Highway.  The Town’s Official Map shows this future right-of-way as a future road.  The applicant shall provide language in the homeowners’ document stating that land shall be conveyed upon request to the Town for the future road right of way shown on the Official Map.

Informal recreational amenities are required for projects over five units but under 50 units.  The applicant proposed a system of sidewalks and multi-use paths within the project as well as connecting on Malletts Bay Avenue to the multiuse path at Annas Court.  These paths and sidewalks meet the informal recreational requirements.  The paths and sidewalks in the public right of way shall be included in the public improvement agreement to be executed prior to the issuance of a building permit for infrastructure. The Board found the application meets this criterion.

Section 9.05R Governmental Services:  The applicant provided comment from the Colchester School District Superintendent’s Office that the proposed 19 to 31 additional students to be possibly generated by this development will not have an adverse impact on the school system.  The Colchester Building Inspector consulted with the two fire departments that service Colchester. Their comments are as follows:

1.     The turnaround for lot 16 shall be revised to meet the requirements of Chapter Seven of the Colchester Code of Ordinances as part of the final plat submittal.

2.     E911 house numbers shall be installed before Certificate of Occupancy.

3.     Street signs shall be installed before the first Certificate of Occupancy is issued.

4.     It is recommended that all new homes be sprinkler to NFPA 13D.

5.     The final plat application shall include information that the required fire flow will be met.

The Board found the application meets this criterion.

Section 9.05S Aesthetics:  The applicant provided photos with the application of similar structures however has not noted to what extent the proposed units will vary from the photos.  This requirement seeks to minimize the effect of development on the scenic and natural beauty of the area and aesthetics. The project is proposed to be located within a currently open field and little can be done to minimize the visual impact of the development on the character of the surrounding area.  It is recommended that as many of the existing trees lining the field be retained to buffer the property from the adjacent agricultural lands.  The dominance of garages should be minimized particularly with duplex units with shared garage walls. The Board found the application meets this criterion.

Section 9.05T Town Plan: The project site is located within the Shipman Hill neighborhood area of the Town Plan.  The area consists primarily of the agricultural lands located along Malletts Bay Avenue and Lavigne Road at the Top of Shipman Hill and the area along the bottom of the hill.  The area is designated at agricultural / mixed use on the Future Land Use Map.  This area’s unique characteristic is the farming community located within its boundaries.  While this designation recognizes the property owner’s need to pull value out of the land, this must be balanced with the continuation of agricultural use in the neighborhood.  The subdivision should be subject to right to farm covenants protecting adjacent uses from nuisance complaints associated with farming. The Board found the application meets this criterion.

Section 9.05U Owners Association: The applicant provided a draft Declaration of Covenants, Easements, Restrictions, and Liens with the preliminary plat application.  Prior to the recording of the mylar, the Town’s Attorney shall review and approve the Declaration as well as all other relevant deed restrictions, easements, etc.  The proposed association shall provide for the management and maintenance of the townhouse community septic system and open space or common areas. The Board found the application meets this criterion.

Section 9.07C General Standards:  The project, a planned unit development, is meeting the minimum overall size of 1.5 acres.  An existing conditions plan for the entire parcel was submitted showing a unified treatment of the development and provisions for the preservation of steep slopes, wetlands, floodplains, and forested areas.  The fifty-foot perimeter buffer is shown on the plans however it appears that reductions will be necessary for the proposed public road as a second crossing will be required.  Several of the lots will require a reduced PUD buffer to 40 feet from 50 feet.   While fencing may be allowed within the buffer, the buffer is to be kept free of buildings, structure, utilities and wastewater systems and otherwise be landscaped, screened, or protected by natural features so that adverse effects on surrounding areas are minimized.  The Board found the application meets this criterion.

Section 9.07D(1)  Specific Standards:  This section provides standards for how requests to alter dimensional requirements should be evaluated. The project is over three acres and requires a PUD buffer.  A formal request for frontage reduction and lot size reduction was requested, and granted by the Board, noting that the reduction in frontage will encourage a close knit neighborhood and active use of the sidewalks.  Elevations shall be provided for all units that require internal setback reductions.   The applicant indicated that modifications will be needed to the PUD buffer, public road frontage, lot size, and internal setbacks.  The Board found the application meets this criterion.

Section 9.07D(2)  PUD Buffer Requirements: The applicant noted on the plans that the buffer will require reduction to approximately 40 feet for lots 3 through 13 and lots 24 and 23.  It should be noted that one crossing of the buffer is allowed however two are proposed.  The property is in the R2 District and is greater than 10 acres.  The buffer in this circumstance may be up to 50 feet with no less than 30 feet landscaped with trees as a screen.  The DRB has the ability consider an additional crossing of the buffer if required.  Per Section 9.05J the project is required to have a second point of access and should be granted.  The final plat application shall include information as to how the reduced buffer will be landscaped. The Board found the application meets this criterion.

Section 9.07D(3) Lot Size and Dimensional Requirements: Proposed lots range in size from .33 acres to 30.1 acres for the open space lot. Lots 4 through 12, 17 through 20 and lots 22 through 52 require lot size reductions of less than 20,000 sq. ft.  Several lots require frontage reductions from the 125 contiguous linear feet required.  Lots 3 through 20, lots 23 through 24, and lots 29 through 52 require up to full frontage reductions. The Board found the application meets this criterion.

Lot sizes may be reduced from 20,000 sq. ft. to not less than 10,000 sq. ft. and full frontage reductions may be provided if the project is consistent with the Town Plan and Chapters Seven and Eight of the Colchester Code of Ordinances.  Staff recommended right to farm covenants on the parcels as well.  The Board found the application meets this criterion.

Section 9.07D(4) Open Space: The project site is more than 50 acres therefore no more than 25% but no less than 15% of the site should be required to be set aside as open space. The applicant proposed 60% of the 50.05 acres as designated open space (specific areas and other common spaces do not necessarily meet the threshold for open space).  While the open space may be used for informal recreational areas, it does not appear that the applicant proposed this.  The delineation of open space is to be guided by the Colchester Open Space Plan.  Wetlands, floodplain, and steep slopes are depicted on lot 27 that makes this parcel compliant for open space preservation with the Open Space Plan.  Prior to the recording of the mylar, the Town’s Attorney shall review and approve the homeowner’s association documents to ensure that the open space is held in perpetuity and maintained by the association or other entity.  The applicant indicated that this area is archaeologically sensitive as well as subject to restrictions of rare, threatened or endangered species.  The Board found the application meets this criterion.

Section 9.07D(5) Recreation Areas: Informal recreational amenities are required for projects over five units but under 50 units.  The applicant proposed a system of sidewalks and multi-use paths within the project as well as connecting on Malletts Bay Avenue to the multiuse path at Annas Court.  These paths and sidewalks meet the informal recreational requirements.  The paths and sidewalks in the public right of way shall be included in the public improvement agreement to be executed prior to the issuance of a building permit for infrastructure. The Board found the application meets this criterion.

Section 9.01D (6) 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.  The applicant provided photos with the application of similar structures however has not noted to what extent the proposed units will vary from the photos.  The Board found the application meets this criterion.

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 preliminary plat application of  Cosimo and Sandra Lomartire and Rivers Edge Building Development, LLC for a 49 unit, 28 lot planned residential development on an existing 48 acre parcel developed with a single family residence.  The planned unit development consists of: 1) twenty-three (23) single family lots; 2) thirteen (13) duplex structures; 3) three (3) common parcel; and 4) public road.  The property is identified in Book 540, Page 93 of the Colchester Lane Records. Subject property is located at 634 Malletts Bay Avenue, tax map 6, parcel 5.  The approval is per a sixteen (16) page set of plans titled “Lomartire Farms” prepared by O’Leary-Burke Civil Associates, PLC dated 3/15/18 with the following conditions:

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

2.     The applicant requested and the Board granted the following PUD modifications:

a.      A 25 foot front yard setback reduction vs. a require 30 foot front yard setback from the internal street.

b.     PUD buffer of 30 ft. vs. 50 ft.

3.     The Director of Public Works approved a waiver from the maximum residential driveway standard of 20’ to allow a 40’ wide driveway for duplex units 37/38, 35/36, 33/34, 45/46, and 51/52. 

4.     On street parking shall not be permitted along residential streets narrower than 28’.  Proper signage shall be installed by the developer in accordance with the MUTCD.

5.     No open cuts will be permitted. All necessary roadway crossings of Malletts Bay Ave must be performed by dry boring and jacking, directional drilling, or other sub-surface methods. A steel encased bore (16” minimum) will be required for the proposed 8” water main.

6.     The applicant shall provide the following as part of the final plat submittal:

a.      The use of exposed 4’ wide precast manhole “flat tops” with cast-in-place hatches will not be permitted in residential areas and the final plat application shall be revised to address this.  A cast iron access ring and cover with 8” height shall be required. The minimum depth for these structures with precast units and footings as scheduled will be 12’.  Update cover letter accordingly.

b.     Shall include a summary table showing the change in number of turning movements as a result of the Lomartire project, using the Brigante project’s Traffic Study as a baseline for existing conditions, for the following intersections: Malletts Bay Ave/Blakely Road, Malletts Bay Avenue/Thomas Drive, and Thomas Drive/Blakely Road.

7.     The applicant shall provide revised plans depicting the following as part of the final plat:

1. The front lot line of the lot should be brought up to the rear of lots #17 and #15 to make this more regularly shaped.
2. A conservation easement on lot #16.
3. The public right of way shall be delineated with 4” x 4” concrete monuments at all property corners as well as points of curvature and tangency proposed along existing or proposed public streets. 
4. That Lot #26 be identified and maintained as a common parcel to be owned by the proposed association and not as a common land parcel for open space as part of the PUD.
5. Include a landscaping plan that meets Section 9.07D for the required minimum 30 feet of PUD buffer. 
6. A street name for Street B as approved the by the Colchester 911 Coordinator. 
7. Drywells adjacent to Units 49/50 and two drywells adjacent to 38/39 shall be relocated into the public ROW.
8. Revise Jack and Bore Detail on Sheet 11 accordingly.
9. Remove notes directing contractors to grade to these structures on Drywell detail (Sheet 12.)
10. Shall relocate stop bar and sign to provide minimum 4’ offset for proposed crosswalk at Annas Ct/Malletts Bay intersection. 
11. Lot 2 shall be restricted to driveway access off of Lomartire Dr. only.
12. Update GCS 4 on Sheet 4 to indicate current VTrans Spec to say 2011 or most recent.
13. Revise Stabilized Construction Entrance detail on Sheet 12A in accordance with Figure 8.1 of the DPW Manual.
14. The minimum green space between roadway and sidewalk or multi-use path shall be 7.5’ as indicated on Figure 3.7 of DPW Manual.
15. Realign Malletts Bay Ave sidewalk with multi-use path. 
16. Show the permanent easement and/or ROW boundary offset from sidewalks by a minimum of one foot and from multi-use paths by three feet and provide dimensions on plan.
17. Upgrade existing ramp at corner of Hummingbird Dr. and Malletts Bay Ave to current ADA standards and provide pedestrian warning signs (W11-2 with W16-7P Arrow Plaque) in fluorescent yellow green on each side of proposed crossing at Annas Ct and Lomartire Dr.
18. A 5-ft permanent easement for future sidewalk along Malletts Bay Ave and a 10-ft temporary construction easement adjacent to the permanent easement shall be granted to the Town of Colchester for Lots 1 and 2.
19. Per Appendix D, p.29, street trees are to be located at least 10’ from the nearest utility.
20. Plans to remove bends shown in profile near catch basin or drywell entry.  Where two 45° bends have been placed near street intersections, these bends shall be removed in favor of a catch basin. Offset measurements will be required for stormwater facilities to be owned and maintained by the Town.  Measurements must be shown on both Plan/Profile and Subdivision Plat Sheets.
21. Street Light Power Supply layout including placement of meter/shutoff. 
22. The turnaround for lot 16 shall be revised to meet the requirements of Chapter Seven of the Colchester Code of Ordinances.

8.     The residential units shall be constructed to the Vermont Residential Energy Standards and enroll the homes in the Vermont Energy Star Program. 

9.     No on street parking shall be permitted   Proper signage shall be installed by the developer in accordance with the MUTCD.

10.  The street lights shall be in accordance with the Colchester Public Works Specifications and Standards.    The street light disconnect shall be located outside of the public ROW.  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.

11.  An Ordinance amendment shall be completed along with Stop Sign Warrant Analysis and Speed Study prior to acceptance or transfer of the public road to the Town. 

12.  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 will 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 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.

13.  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.

14.  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 will 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 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.

15.  The 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.)

16.  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.

17.  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. 

18.  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.

19.  All utilities shall be underground.

20.  Prior to recording the Plat 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 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,  legal restrictions, including but not limited to maintenance of recreation areas, maintenance, ownership, restrictions, conservation and upkeep of open space,  restricted no-build and no cutting areas 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.      The Town’s Attorney shall review and approve the offer of dedication.  

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

21.    Prior to issuance of a building permit:

a.      Fire District Two shall review and approve the water service to the project.

b.     A landscape improvement agreement shall be provided prior to the issuance of a permit for the public infrastructure.

c.      A public improvement agreement, to include  shall be provided prior to the issuance of a permit for the public infrastructure.

d.     The Developer/Homeowner’s Association (HOA) shall enter into a stormwater maintenance agreement with the Town.

e.      The applicant shall obtain both 3-9015 and 3-9020 General Permits for stormwater discharge from the State. 

f.      A Quitclaim Easement Deed for Private Utility (across public road) shall be required for all locations where private force main sewer main lines cross under the public road.

22.  Prior to the issuance of a building permit for the proposed development and after the requirements of conditions #20 and #21 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.

23.  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.

24.  Prior to issuance of a Certificate of Occupancy:

1. 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.
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.

25.  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.

26.  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.

27.  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, Development, Health and other applicable ordinances that may be required.

28.  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.

29.  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.

30.  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 Development 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.

31.  The final plat application shall be submitted within 12 months or said approval shall become null and void.

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 $295.00 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.