FINDINGS OF FACT

On the 11th day of April 2018, the Colchester Development Review Board approved the site plan application of Severance Corners Village Center, LLC to amend a previously approved site plan and planned unit development.  The site plan amendment is to: 1) revise existing exit onto Blakely Road to include option to turn left; and 2) modify existing right turn only exit from Perimeter Drive to include option for traffic southbound on Route 2/7.  Property is located at 2588 Blakely Road, tax map 8, parcel 37-1 based upon the following facts:

1.         DISCUSSION

This project consists of a site plan application of Severance Corners Village Center, LLC to amend a previously approved site plan and planned unit development. The site plan amendment is to revise the existing exit onto Blakely Road to include option to turn left; and modify the existing right turn only exit from Perimeter Drive to include option for traffic southbound on Route 2/7. The subject property is located at 2588 Blakely Road, Colchester, tax map 8, parcel 37-1.

The property is located within the Designated New Town Center and Growth Center at Severance Corners.  The proposed project site is within the larger master parcel for the 42.19 acre Severance Corners planned unit development.  The preliminary plat application should note if the proposed project will be subdivided off from the master parcel.  The project site is zoned General Development Three and is improved by private streets and parking lots.  It is bounded on the north by a single-family house and Blakely Road, on the east by Roosevelt Highway and a single family residence across the Highway as well as undeveloped lands, on the south by an undeveloped lot and the Circumferential Highway Right-Of-Way, and on the west by a single family residence on a large lot.

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

The following is an excerpt from the minutes of the April 11th  hearing:

Robin Jeffers of S.D. Ireland and Marty Courcelle of Champlain Consulting were present on behalf of the site plan application.

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

• The site plan amendment is to: 1) revise existing exit onto Blakely Road to include option to turn left; and 2) modify existing right turn only exit from Perimeter Drive to include option for traffic southbound on Route 2/7.
• Route 2/7 now has a reduced speed of 40 mph.
• The original site plans for Severance corner had these turns in the design.
• Project is covered under Operational Stormwater Permit. Stormwater will not need to be updated.
• R. Jeffers asked to waive the construction of a cinder path in this location because of the anticipated buildout by VTrans, the existence of 2 miles of walkable sidewalks within the development and no connections to other paths are available.
• Buildings have been hard to obtain occupancy because of the traffic pattern.

S. Hadd mentioned the date of VTrans construction is unknown and the path would connect to Perimeter Drive and the proposed right-turn-in from Roosevelt. R. Jeffers and S. Hadd agreed they are both comfortable striking the word “interior” from Engineer’s proposed language for restoring the drive if required at a future date.

The Board reviewed the site plan application.

There were no comments or questions from the public.

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

In deliberative session, a motion was made by Z. Bludevich and seconded by M. Eaton to approve the site plan application with conditions. The motion passed with a vote of 6-1 with B. Severin opposing.

II.        FINDINGS OF FACT

The Development Review Board has found that the project will not have any adverse effects as defined by the criteria listed in the Site Plan Review Criteria of the Town of Colchester
Development Regulations.

§ 8.07A(1) Water/Air Pollution (Septic):  No wastewater facilities or flows shall be affected by the project.  The Department of Public Works requested updated sewer flows for the property as well as required and available flows. The Board found the application meets this criterion.

§ 8.07A(2) Water: No waterlines or flows will be affected by the project. The Board found the application meets this criterion.

§ 8.07A(3) Coverage/Stormwater: No new additional impervious area is being added to the site. Approximately 15,000 sq. ft. of land will be disturbed both onsite and in the Town’s right of way. The additional impervious surfaces proposed will likely trigger additional state permits related to stormwater management. If an amended permit is required, updated copies of the permit submittal shall be provided to prior to the issuance of a building permit. The Board found the application meets this criterion.

§ 8.07A(4) Traffic /Access/Circulation:  The Department of Public Works reviewed the additional Traffic Impact analysis provided by RSG.  Justification was provided for modifications of the current exit only access point onto Roosevelt Hwy (US 2/7).

While adding a left turn at the Blakely Road location addresses the applicant’s current concerns and issues, it is not the best long term solution for the applicant or perhaps other future developers of the NW quadrant.  Future development of the SW quadrant, including signalization of Perimeter Drive and Blakely Road, and future development of the NW quadrant, may lead to the Town’s determination that the left turn movement at Green Street should be removed and the current existing condition (right-hand onto Blakely only) shall be restored, unless another alternative improving interior circulation on the site is deemed acceptable to the Town Engineer. The requirement for restoration if required by the Town Engineer shall be for a period of 15 (fifteen) years from the date of mylar recording for this project. 

During construction, 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.). The Board found the application meets this criterion.

§ 8.07A(5) Setbacks: The proposed changes shall not impact setbacks. The Board found the application meets this criterion.

§ 8.07A(6) Historic Sites / Natural Areas: The proposed changes to access and circulation shall not impact historic or natural resources. The Board found the application meets this criterion.

§ 8.07A(7) Scenic Beauty/Aesthetics: The proposed changes to access and circulation shall not impact the scenic beauty or aesthetics of the area. The Board found the application meets this criterion.

§ 8.07A(8) Public Facilities:  Prior to the issuance of a building permit, the applicant shall provide an updated schedule for completion of all site improvements including pedestrian sidewalks or pathways along Blakely and Roosevelt and any necessary traffic improvements for adjacent public roadways or connecting street intersections.  Completion of all necessary public improvements must be scheduled to coincide with the currently planned buildout for this site.  While the State of Vermont will complete some of the proposed sidewalk improvements as part of the intersection, the date of construction is unknown.  It was requested that the applicant construct a cinder path in this general location until either full buildout is anticipated or the State completes the intersection improvement (whichever comes first) and the permanent sidewalk is constructed. The plans shall be revised to show main and/or service sizes and materials on plan.  The Board found the application meets this criterion.

§ 8.07A(9) Municipal Services: The Building Inspector, Police, and Fire Departments reviewed the project and did not have comments. The Board found the application meets this criterion.

§ 8.07A(10) Character of the Area: The proposed changes shall not significantly change the character of the area. The Board found the application meets this criterion.

§ 8.07A(11) Town Municipal Plan: The proposed changes are minor in nature to an existing project within the Town’s Severance Corners Growth Center. The Board found the application meets this criterion.

§ 8.07A(12) Landscaping: No changes are proposed to landscaping at this time. The Board found the application meets this criterion.

§ 8.07A(13) Parking: No changes are proposed to parking or parking requirements at this time. The Board found the application meets this criterion.

§ 8.07A(14) Lighting:  No changes are proposed to lighting at this time. The Board found the application meets this criterion.

§ 10.04 Outside Storage: No outside storage is proposed at this time. The Board found the application meets this criterion.

§ 10.06 Trash Containers:  Trash containers are not proposed at this time. The Board found the application meets this criterion.

Other: Prior to the issuance of a building permit, the plans shall be updated as to the current approval status for Buildings 1 and 10.  Show buildings as “Future” or provide updated summaries for trip generation, wastewater flows, impervious surfaces, etc. The Board found the application meets this criterion.

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

III. ORDER

Based upon the aforesaid Findings of Fact, the Colchester Development Review Board hereby grants approval of the Site Plan application of Severance Corners Village Center, LLC to amend a previously approved site plan and planned unit development.  The site plan amendment is to: 1) revise existing exit onto Blakely Road to include option to turn left; and 2) modify existing right turn only exit from Perimeter Drive to include option for traffic southbound on Route 2/7.  The property is identified in Book 548, Page 30 of the Colchester Land Records. The subject property is located at 2588 Blakely Road, Colchester, tax map 8, parcel 37-1. The approval is per an eight (8) page set of plans entitled “Severance Corners Center Entrance/Egress Modifications Narrative” prepared by Champlain Consulting Engineers last revised March 22, 2018 with the following conditions:

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

2.     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.

3.     The approval is for:

a.       Blakely Road – The existing right turn only exit from SCVC Severance Green to Blakely Road will be revised to include the option turn left. 

b.       Route 2/7 Ethan Allen Highway – The exiting right turn only exit from SCVC Perimeter Drive will be modified to include option for traffic southbound on VT Route 2/7 to enter SCVC. 

4.     Future development of the SW quadrant, including signalization of Perimeter Drive and Blakely Road, and future development of the NW quadrant, may lead to the Town’s determination that the left turn movement at Green Street should be removed and the current existing condition (right-hand onto Blakely only) shall be restored, unless another alternative improving circulation on the site is deemed acceptable to the Town Engineer. The requirement for restoration if required by the Town Engineer shall be for a period of 15 (fifteen) years from the date of mylar recording for this project. 

5.      Completion of all necessary public improvements shall be scheduled to coincide with the  currently planned buildout for this site.

6.     The applicant shall construct a cinder path in the sidewalk area from Perimeter Drive to the new right turn in proposed on Roosevelt Highway and extend to the internal loop until either full buildout or the State completes the intersection improvement (whichever comes first) and the permanent sidewalk is constructed. 

7.     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.)

8.     No excavation, site development or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with Building, Development, Health, and other applicable ordinances that may be required.

9.     Prior to issuance of a building permit the applicant shall provide the following:

a.      Provide an updated copy of the state stormwater discharge permit for review by the Department of Public Works.

b.     Provide an updated schedule for completion of all site improvements including pedestrian sidewalks or pathways along Blakely Road and Roosevelt Highway and any necessary traffic improvements for adjacent public roadways or connecting street intersection.

c.      The plans shall be updated as to the current approval status for Buildings 1 and 10.  Show buildings as “Future” or provide updated summaries for trip generation, wastewater flows, impervious surfaces, etc.

10.  The project shall be constructed and operated in accordance with the stamped approved plans and the Findings of Fact and Order.  There shall be no change in the proposed use or approved plans without prior approval of the Town.  The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein.  Any unauthorized change from the approved plans shall be grounds for revocation of the Order.

11.  Violation of any of the above conditions or stipulations shall be grounds for the Development Review Board to revoke site plan approval of this development.

12.  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.

13.  A complete application for a building permit shall be submitted within twelve (12) months of the DRB approval or said approval shall become null and void

14.  Additional permits may be required.  To determine if other permits are required, contact the State District Environmental office at (802) 879-5676 and the State Division of Fire and Safety at (802) 879-2306.

15.  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.

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.