FINDINGS OF FACT

On the 11^th  day of April 2018 the Colchester Development Review Board approved the final plat amendment of Rivers Edge Building Development LLC.  The amendment is to a previously approved subdivision for a 45-unit, 22-lot planned unit development on a 25.23 acre lot.  The approved 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 amendment consists of: 1) reduce lot #2 from 16,802 sq. ft. to 10,081 sq. ft. and remove single family residence to allow for future road connection; 2) decrease lot #1 from 22,905 sq. ft. to 22,619  sq. ft. and construct a duplex; 3) increase the depth of lots 36 – 43; and 4) increase lot #13 from 19,166 sq. ft. to 31,510  sq. ft.   The subject properties are located at 0, 129, 147 and 317 Annas Court, tax map 6, parcels 8, 8-1, 8-2, 8-13.  The approval is based upon the following facts:

1.         DISCUSSION

This project consists of a final plat amendment by Rivers Edge Building Development LLC.  The amendment is to a previously approved subdivision for a 45-unit, 22-lot planned unit development on a 25.23 acre lot.  The approved 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 amendment consists of: 1) reduce lot #2 from 16,802 sq. ft. to 10,081 sq. ft. and remove single family residence to allow for future road connection; 2) decrease lot #1 from 22,905 sq. ft. to 22,619  sq. ft. and construct a duplex; 3) increase the depth of lots 36 – 43; and 4) increase lot #13 from 19,166 sq. ft. to 31,510  sq. ft.   The subject properties are located at 0, 129, 147 and 317 Annas Court, tax map 6, parcels 8, 8-1, 8-2, 8-13. 

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.

The proposed dissolving of lot 2 into the right of way will require an irrevocable offer of dedication to the Town of Colchester and a public improvement agreement for the construction of the road.  Prior to the recording of the mylar, the Town’s Attorney shall review and approve the irrevocable offer of dedication. 

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 April 11, 2018 meeting:

E. Richard recused himself because 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 final plat application.

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

·       The proposal to reduce lot #2 and removing the single family home to allow for 1 larger duplex on lot#1.

·       The reduction of lot #2 allows for the creation of a public road, which allows 2 entry points into the development.

·       The proposal to dissolve lot 12 into lot 13 to increase the lot size to 31,363 sq. ft.

The Board reviewed the application.

Mr. Ed Richard addressed the Board and asked if there was a possibility of screening because of the position of bedroom windows to the road. E. Richard asked for screening along the back of lot 1. D. Burke believes screening can be possible in the Lomartire project. The setback near the south corner of lot 2 would provide enough space for a vegetative buffer.

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

E. Richard returned to the Board.

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

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: No changes are proposed to the scope of the development.  The Board found the application meets this criterion.

Section 9.05C Lot Layout:  The proposed dissolving of lot 2 will create two front yards for lot 1 and unit 45.  The lot lines are perpendicular to the right of way.  Lot 1 will also be reduced to 22,440 sq. ft. for two units whereas 40,000 sq. ft. would be required for two units.  The Board found the application meets this criterion.

Section 9.05D Building Envelopes: With the creation of a public road where lot two was, unit 45 will require a front yard reduction from 30 feet to 25 feet as it fronts lot two.  Lot one will require a front yard reduction from 30 feet to 25 feet as it fronts lot two.  The Board found the application meets this criterion.

Section 9.05E Monuments and Lot Corner Markers: Prior to the issuance of a certificate of occupancy, 4” x 4” concrete monuments at all property corners shall be installed as well as at 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:  No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05G Water Supply: As the project received previous approval for the total units and the number of units is not changing, there are no changes applicable to this criterion. The Board found the application meets this criterion.

Section 9.05H Sewage Disposal: Prior to recording the mylar, the applicant shall amend the State Wastewater Permit for the project. The Board found the application meets this criterion.

Section 9.05I Site Preservation and Landscaping: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05J Streets:  The applicant shall address the concerns listed herein prior to recording the mylar:

Right of way (ROW) lines must provide consistent offset distance from edge of pavement at public street intersections by use of corner radii or chamfers.  At intersection of Annas Ct with proposed Lomartire Dr, two monuments and radii are needed similar to the existing opposing corners.  The Board found the application meets the criterion with said condition.

Section 9.05K Pedestrian Access: A pedestrian connection and appropriate easements shall be required. 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: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05N Storm Drainage & Erosion Control: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05O Excavation & Grading: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05P Outdoor Lighting:  No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05Q Municipal Facilities & Recreation Areas: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05R Governmental Services:  No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05S Aesthetics:  No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05T Town Plan: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.05U Owners Association: The applicant shall provide the Town’s Attorney with the irremovable offer for the new road connection as well as revised homeowners documents, stormwater maintenance agreements, etc. for review and approval prior to recording the plat. The Board found the application meets this criterion.

Section 9.07C General Standards:  No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.07D(1)  Specific Standards:  The applicant previously received approval for a front yard setback reduction down to 25 feet for the development and 20,000 sq. ft. for the lot.  The Board approved a new reduction for unit 45 to have a front yard setback to the new road of 25 feet and for the PUD buffer to be eliminated on lot two for the road connection. The Board found the application meets this criterion.

Section 9.07D(2)  PUD Buffer Requirements: Under the new regulations, one road connection is allowed without a waiver.  As this is a new road connection, it can make use of that provision. The Board found the application meets this criterion.

Section 9.07D(3) Lot Size and Dimensional Requirements: The Development Review Board may decrease front yard setbacks to improve pedestrian circulation.  The proposed new road connection will create a pedestrian connection to the proposed adjacent development to the south.  The Board found the application meets this criterion.

Section 9.07D(4) Open Space: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.07D(5) Recreation Areas: No changes are applicable to this criterion. The Board found the application meets this criterion.

Section 9.01D (6) Varied Types of Dwellings: No changes are applicable to this criterion. 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

approves the final plat amendment of Rivers Edge Building Development LLC.  The amendment is to a previously approved subdivision for a 45-unit, 22-lot planned unit development on a 25.23 acre lot.  The approved 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 amendment consists of: 1) reduce lot #2 from 16,802 sq. ft. to 10,081 sq. ft. and remove single family residence to allow for future road connection; 2) decrease lot #1 from 22,905 sq. ft. to 22,619  sq. ft. and construct a duplex; 3) increase the depth of lots 36 – 43; and 4) increase lot #13 from 19,166 sq. ft. to 31,510  sq. ft.   The subject properties are located at 0, 129, 147 and 317 Annas Court, tax map 6, parcels 8, 8-1, 8-2, 8-13.  The approval is per a seven (7) page set of plans titled “Brigante Woods A Planned Residential Development” prepared by O’Leary-Burke Civil Associates last revised 3/21/18 with the following conditions:

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

2.     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.

3.     The Board approved for Unit 45 to have a front yard setback to the new road of 25 feet and for the PUD buffer to be eliminated on lot #2 for the road connection.

4.     The approval is for:

·       reduce lot #2 from 16,802 sq. ft. to 10,081 sq. ft. and remove single family residence to allow for future road connection;

·       decrease lot #1 from 22,905 sq. ft. to 22,619  sq. ft. and construct a duplex;

·       increase the depth of lots 36 – 43;

·       increase lot #13 from 19,166 sq. ft. to 31,510  sq. ft.  

5.     Prior to record the mylar the applicant shall:

1. Amend the State Wastewater Permit for the project.
2. Provide revised plans showing Right of way (ROW) lines that provide consistent offset distance from edge of pavement at public street intersections by use of corner radii or chamfers.  At intersection of Annas Ct with proposed Lomartire Dr., two monuments and radii are needed similar to the existing opposing corners.
3. Provide a pedestrian connection and appropriate easements for review and approval by the Town Attorney.
4. Provide the irremovable offer for the new road connection as well as revised homeowners documents, stormwater maintenance agreements, etc. for review and approval for review and approval by the Town Attorney.
5. Execute a Public Improvement Agreement.
6. Execute a Landscape Improvement Agreement.

6.     Prior to issuance of a building permit the applicant shall submit a revised plan, to the satisfaction of the Director of Planning and Zoning, providing screening near the south west corner of Lot #2 and the south east corner for lot #1.  The screening shall be installed within 2 years after issuance of a building permit.

7.     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. 

8.     Prior to an issuance of Certificate of Occupancy, 4” x 4” concrete monuments at all property corners shall be installed as well as at points of curvature and tangency proposed along existing or proposed public streets.

9.     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.

10.  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.

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.