TOWN COMMISSIONERS PRESENT: Dustin Bruso, Chair; David Raphael, Vice-Chair; Joshua Knox, Clerk; Jonathan Schumacher; Ned Daly and John Mangan.

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1 TOWN OF ESSEX PLANNING COMMISSION MINUTES June 28, 2018 TOWN COMMISSIONERS PRESENT: Dustin Bruso, Chair; David Raphael, Vice-Chair; Joshua Knox, Clerk; Jonathan Schumacher; Ned Daly and John Mangan. OTHERS PRESENT: Dana Hanley, Community Development Director; Sharon Kelley, Zoning Administrator; Darren Schibler, Planner; Doug Goulette, P.E.; Paula Duke; Charlie Manago; Chuck LaClair; Doug Goulette; Evan Teich; Jon Lang; Eric Morris; Kathy Bradley; Julie Winter; Andrew Hood; and Regina Mahoney. Chairman Bruso called the meeting to order at 6:30 p.m. He swore in the public on behalf of all the applications. AGENDA ITEM 1: AMENDMENTS TO AGENDA (if applicable): Chairman Bruso reported the changes to the Agenda. The PC agreed to move the 'Minutes', 'Other Business' and the David Drive application after the Consent Agenda and renumber the items accordingly. AGENDA ITEM 2: PUBLIC TO BE HEARD: Sharon Kelley reported minor changes to the Draft Consent Letter. Condition 1 was modified to read, "The applicant shall submit a construction permit and schedule a Certificate of Occupancy inspection upon its completion." Kelley noted a couple grammatical corrections. Kelley reported that she made minor grammatical changes to lines 130 of the 6/14/18 draft minutes. AGENDA ITEM 3: CONSENT AGENDA: Lang Family Trust LLC-Site Plan Amendment: Proposal to construct a covered pavilion at 43 Upper Main Street in the Mixed Use Development-Planned Unit Development (MXD- PUD) Retail Business (B1) Subzone & Business Design Control (B-DC) Overlay Zoning Districts, Tax Map 90, Parcel 5. Vice-Chair Raphael MOVED and Commissioner Knox SECONDED a MOTION to approve the consent agenda item for 43 Upper Main Street, including the aforesaid change to Conditions 1 as noted in Agenda Item 2. The MOTION passed 6-0. AGENDA ITEM 4: MINUTES - June 14, 2018: Chairman Raphael MOVED and Commissioner Daly SECONDED a MOTION to approve the 07/14/18 minutes with grammatical changes. The MOTION passed 6-0. AGENDA ITEM 5: OTHER BUSINESS: Sharon Kelley reported that the existing daycare at 104 Old Colchester Road submitted an application for an amendment. Section 4.15 of the Zoning Regulations were both ZBA & PC approval, however it does not speak to amendments. Kelley stated a consent application was warned with the Planning Commission and suggested the PC allow the ZBA to address the application in its entirety as the ZBA now covers some site plan review with conditional use

2 request. The PC instructed staff to keep it on the consent agenda. Kelley reported that a unit in the Outlet Center has proposed a brewery and distillery which only requires a conditional review with the ZBA. Kelley reported that Cinema 10, the theatre off the restaurant, is also being used for events, such as book readings, plays and small musicians. Kelley stated this theatre will also be controlled by the seating capacity. AGENDA ITEM 6: ERIC MORRIS, d/b/a DAVID DRIVE PROPERTIES, LLC - PUBLIC HEARING-SITE PLAN AMENDMENT: PROPOSAL TO CONSTRUCT A 5,600 SQ. FT. COMMERCIAL ADDITION TO PROPERTY LOCATED AT 5A DAVID DRIVE IN THE RETAIL-BUSINESS (B1) DISTRICT, TAX MAP 47, PARCEL 3. Doug Goulette and Eric Morris spoke on behalf of this application and made the following comments: The project is to construct a 5,600 sq. ft. warehouse addition. He pointed out the location of the addition, noting 3 bays were proposed and would be leased; described the lot layout including the parking areas; stormwater area; proposed paving area, location of the proposed overhead doors, sewer and water extension, upgrades to the storm water system, and new lighting is proposed in the back of the lot for parking. He described the abutters and the location of same. He noted that the landowner has two tenants, MobilityWorks, with a low employee volume, and a light manufacturing ski-boot business with 2 employees. He reported that the Zoning Board of Adjustment reviewed and approved the application for conditional use. He requested that Condition 9 be struck as the project is below the 1-acre threshold for a State permit. Darren Schibler represented Staff. Schibler had no issues with the proposal. He noted that two elevations were submitted and he preferred the roofline that would better accommodate solar design. Schibner agreed to strike Condition 9, noting that Condition 8 captures this storm water concern. Commissioner Daly MOVED and Commissioner Schumacher SECONDED a MOTION to open the Public Hearing. The MOTION passed 6-0. Charles Manago, 5C David Drive, stated he was the General Manger for MobilityWorks. He asked how the water and sewer would be brought to the addition. Goulette replied it would go under the existing slab. Manago asked if it would go through his portion of the building. Goulette said yes. The Chair informed Mr. Manago that how the construction was proposed was out of the PC's purview and advised Mr. Manago to speak to the contractor. Kathy Bradley, 281 Fox Hill Drive, Jeffersonville, VT, made the following points: She owns the property at 3 David Drive. She has no concerns on the proposal to expand, however she does have traffic/parking/safety issues. 2

3 She reported that she has called the Town several times and was told at the ZBA hearing to attend this meeting. She reported that she owns a medical building and her concern is that her parking lot is used as a cut-thru for traffic. She noted her former tenant left the site due to traffic safety. She noted that traffic can bring up to 60 speeding cars per day. She asked how much more traffic would the proposed project bring to the site. She showed on the plan how cars, busses, delivery trucks, etc., use her parking lot as a cut-thru to bypass Susie Wilson Road. She noted that she tried to block the access off and was told by the Town that she cannot close the access. Chairman Bruso apologized, welcomed and thanked visiting Village Planning Commissioner John Alden for attending the meeting. Vice-Chair Raphael pointed out that the traffic was not resulting from the proposed application. Chairman Bruso stated that typically warehouse traffic did not generate a lot of traffic. A lengthy discussion ensued regarding the easement through the shared driveway. When asked, Alden replied that he would place a jersey barrier on the lot. Alden also agreed that the location of the property was ideal for solar. In regards to the backyard connections and cut-thru traffic, the Commission agreed as a whole that civil disobedience was not for the Planning Commission to regulate. Paula Duke felt there should be some vehicle for the Commission to pass on a significant concern. Evan Teich, Town & Village Manager, stated that staff needs to meet and become aware of what is actually happening versus what the easement intended to do with traffic. He stated that he would look into this matter. Commissioner Daly MOVED and Commissioner Knox SECONDED a MOTION to close the Public Hearing. The MOTION passed 6-0. Vice-Chair Raphael MOVED and Commissioner Schumacher SECONDED a MOTION to approve the application for 5 David Drive, subject to the Findings and Conditions of a Staff Report dated 6/28/18, including the following changes: Finding V, Line : Delete and replace with: The Planning Commission heard testimony from Stone Goose Properties that the traffic entering and exiting through their parking lot from David Drive and Cornerstone Commons is significant and is presenting safety and maintenance issues for their tenants and customers. The Commission acknowledged that Public Works and Staff noted that the project will not significantly impact the traffic on site and that the concerns could not be addressed within this application. The Commission suggested that Stone Goose Properties contact the town to address their concerns. The town Manager was in attendance and provided contact information and an invitation to meet to discuss their concerns. 3

4 Staff and the Commission requested that the applicant construct a roof pitch optimal for solar installations. Condition 9, Line 457: Delete and replace with, The applicant shall install signage at the exit of the site instructing vehicles to exit via David Drive. The MOTION passed 6-0. AGENDA ITEM 6: REGINA MAHONY, CHITTENDEN COUNTY REGIONAL PLANNING COMMISION (CCRPC) PRESENTATION AND DISCUSSION OF AFFORDABLE HOUSING AUDIT OF THE ZONING AND SUBDIVISION REGULATIONS. Regina Mahoney, CCRPC Planner, provided an overhead presentation and discussion on 'Essex Land Use Regulation Housing Audit' and stated the discussion was going to focus on the following: 1. Why Review the Regulations from an Affordable Housing Perspective? a. Regional Housing Shortage 1. One of the biggest challenges identified in the ECOS Plan is our housing shortage. 2. Housing is unaffordable: 33% of homeowners and 56% of renters spend more than 30% of their income on housing. 3. Less workers live in the County: 68% of employees live here, compared to 75% in Household size is shrinking: 2.4 persons/household, compared to 3.5 in Rental vacancy rate is anemic: 2.6% in long term average b. Essex Town Plan Actions The Essex 2016 Town Plan includes: Action 4.1 Undertake a comprehensive housing study, including recommendations fro regulatory and non-regulatory methods of increasing the stock of affordable housing. Action 4.2 Develop regulations to promote affordable housing and/or remove barriers to it, if this initiative is recommended in the comprehensive housing study. 2. Organization of Report The Housing Audit Report reviews five components of the Zoning Regulations: Development Review Process: "Elected officials want zoning to achieve specific goals. Citizens want to know what can happen next to their home. Developers want to read the zoning code and prepare a plan that meets the standards and can be approved. Discretionay approvals fail all these desires, and it stands to reason that a failed zoning tool should be abandoned." Accessory Dwelling Units: Overall Recommendations: continue to allow ADUs in all residential areas with more relaxed standards 4

5 Base Density, Bonus Density & PUDs: The base thresholds that CCRPC used for comparison in this study include the following: 4 units per acre is the minimum density threshold for Vermont's Growth Center and Neighborhood Development Area designations. 7 units per acre is the minimum density needed to support transit with frequency of 1 bus every 30 minutes. 5,000 ft2 is the recommended minimum lot size for single family residential from Vermont's Growth Center and Neighborhood Development Area designations. It is presumed that this can promote infill development and creates a neighborhood scale development that is walkable. Parking: Donald Shoup, professor of urban planning at the University of California, L.A., finds, "the average cost per space for parking structures in the U.S. is about $24,000 for aboveground parking and $34,000 for underground parking." This can be particularly damaging to affordable housing because the cost of the parking can negate the affordable housing subsidy. Each component includes: Reason for Review from an Affordable Housing Perspective Comparison to Other Regional Municipalities and/or Standards Recommendations for Essex 3. General Recommendations for Essex a. Research Shows - national and municipal b. One or two specific recommendations 4. Next Steps Finalize the report based on feedback. Selectboard presentation in July. AGENDA ITEM 6: MOVIE NIGHT: FORM BASED CODES (FBC): The PC watched a few FBC clips from you-tube and said that CCRPC weighed in and reported that there is no true FBC. Most municipalities are using a hybrid by taking elements of FBC and tweaking them into their regulations where appropriate. Chairman Bruso felt a goal was to reduce some discretionary interpretation. Commissioner Daly felt the PC needed to put something reasonable in place. He suggested the PC look at how to ease the housing and development and still get what the PC is looking to capture. Paula Duke said the PC needed to remove subjectivity and it is good to have design examples as guidelines that will assist architects - instead of making them guess. Chairman Bruso said the PC needs to decide what they want to keep control over. He provided lighting as an example as that regulation was changed to be more flexible. Village Commissioner Alden said if you take the Smart Growth concept and compare it to the ECHO Plan you can build a pathway to growth and density that you want to see, and it is the right thing to do. 5

6 Hanley said she will inform the consultants that the PC is going away from FBC, however they would like to include options with the regulatory framework surrounding design issues. The meeting adjourned at 9:12 p.m. PLANNING COMMISSION By: Dustin R. Bruso, Chair 6