PROJECT REVIEW COMMITTEE

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1 AGENDA PROJECT REVIEW COMMITTEE December 5, :00 6:00pm Central Vermont Regional Planning Commission Conference Room 29 Main Street, Suite #4, Montpelier, VT Conference call number: , Access PIN: :00 1 Adjustments to the Agenda Public Comments 4:10 Meeting Minutes 2 a) October 25, :15 Discuss Electric Utilities Presentation - Tentatively scheduled for 1/24/19 a) Outline key questions/presentation focus b) Determine format panel discussion or formal presentations c) Invite Regional Plan Committee, others 4:30 Updates on Act 250 and Section 248 Applications - Projects of Substantial Regional Impact 2 a) Fecteau Residential, Inc update on site visit b) Jurisdiction Opinion Request on Montpelier Projects within the TIF District consider submitting comments c) Montpelier Hotel & Parking Garage Act 250 Application 5W1591 preliminary review and SRI discussion 5:45 Next Meeting(s) - Hotel and Parking Garage Presentation - before 1/16/2019 (if applicable) - Electric Utility Presentations - 1/24/19 - Rules of Procedure and Rules of Process review Adjournment 1 Times are approximate unless otherwise advertised. 2 Anticipated action item.

MEMO Date: November 28, 2018 To: Project Review Committee From: Clare Rock, Senior Planner Re: Dec 5, 2018 Meeting Agenda ACTION REQUESTED: Consider 1) submitting comments in response to the Act 250

3 MEMO Date: November 28, 2018 To: Project Review Committee From: Clare Rock, Senior Planner Re: Dec 5, 2018 Meeting Agenda ACTION REQUESTED: Consider 1) submitting comments in response to the Act 250 Jurisdictional Opinion Request; 2) making a determination on whether the Hotel project is a project of Substantial Regional Impact (SRI) 1) Jurisdictional Opinion Request On October 12, 2018 Tarrant, Gillies & Richardson submitted a letter on behalf of their client Alan Goldman requesting a Jurisdiction Opinion on whether the downtown redevelopment projects being proposed by the City of Montpelier require an Act 250 permit. See attached: Letters dated October 12, 2018 and November 9, (missing the response from the City) Act 250 Jurisdictional Categories The Act 250 office requested comments be submitted by November 12, 2018, yet based upon a phone call with the District Coordinator, CVRPC may submit comments following the Dec 5, 2018 Project Review Committee Meeting. 2) Montpelier Hotel Project Act 250 Application 5W1591 This project proposes to build a new hotel and parking garage behind the existing Capitol Plaza Hotel. The construction of a 5-story hotel building with 89 rooms is proposed with an adjacent 3-story parking garage with 348 spaces. The existing Capitol Plaza Hotel and the proposed Hampton Inn and Suites will sit on a portion of the 2.81acre lot owned by the Capitol Plaza Corporation. The parking garage will sit partially on a subdivided parcel from the Capitol Plaza Corporation, and partially on the neighboring lot (located at 60 State St., owned by the Heney, Mary Trust. The parking garage will be owned and operated by the City of Montpelier. To view entire application see the Act 250 database online. See attached: Site plans and elevations As identified by the Central Vermont Regional Plan 2016, amended 2018 development projects of Substantial Regional Impact are those that will have substantial and ongoing impact on two or more

4 municipalities, including the host municipality. Among the development projects of substantial Regional impact are those that: Will likely impact on a resource within the Region which is widely used or appreciated by people outside of the locality in which it is located. Which may affect settlement patterns to the extent that the character or identity of the Region (or its sub- Regions) is significantly affected. Are likely to alter the cost of living, availability of choices, access to traditional way of life or resources widely used or appreciated by Regional residents. In addition, because CVRPC has defined housing as a critical need for the Region, CVRPC will participate in the Act 250 review for any project which proposes to: increase the total number of year round housing units (according to the most recent U.S. Census) in its host municipality by more than 2%; or create more than 30 housing units of any type; or create more than 5 affordable housing units, as defined by VSA Chapter 117 Section Next Meetings Presentation on Montpelier Hotel and Parking Garage (prior to 1/16/19)? Electric Utility Presentation/Panel Discussion, 1/24/19 Page 2 of 2

5 CENTRAL VERMONT REGIONAL PLANNING COMMISSION Project Review Committee Central Vermont Regional Planning Commission Draft Minutes October 25, 2018 Committee Members: Byron Atwood, Barre Town Commissioner John Brabant, Calais Commissioner Jerry D Amico, Roxbury Commissioner (Alternate Seat) Laura Hill-Eubanks, Northfield Commissioner Janet Shatney, Barre City Commissioner Bob Wernecke, Berlin Commissioner 1 1 Staff: Clare Rock 2 Guests: Jackie Higgins, Williamstown Town Administrator; Alex Bravakis, Novus Energy Development, 3 LLC; Peter Carbee, Town of Washington Representative. 4 5 Call to Order 6 The meeting was called to order by Janet Shatney at 4:08pm. 7 8 Adjustments to the Agenda 9 None Public Comments 12 None Preferred Site Designation 15 - Presentation & Request from Alex Bravakis, Novus Energy Development, LLC (Williamstown) 16 Bravakis provided a summary of the project as outlined within the committee packet. He noted that 17 they first looked at the UniFirst Site (former dry cleaner site, current brownfields, with on-going 18 monitoring.) Due to mixed community sentiment, looked toward another municipally owned property 19 the water towner site. The town is interested in a net-metered project, it will power the water tower 20 plus the sewer pump station. May also look to have the school hook on also. The solar project will power 21 the equivalent of 30 homes. Novus has undertaken some additional environmental evaluation of the site 22 and presented a site map which was developed by Arrowwood Environmental which delineates a 23 wetland based upon a field investigation. No wetlands were identified on the ANR Atlas map. The array 24 would be located outside of a 50ft wetland buffer. The existing access road would be used and extended 25 to the solar site Discussion followed and included identification of the pros of the project which include: it s not highly 28 visible from the road or the neighbor, it s on marginal ag soils, its small scale, on municipal land and is 29 located close to the demand. The few con s included: it s a WEC project which may mean WEC rate 30 payers might have to cover the cost of excess energy which is generated and dumped because it cannot 31 be used within the system Shatney referenced the memo as included in the packet and noted that the site is located within the 34 Regional Plan s Resource Plan Use Planning Ara. Staff described the Resource Area and listed the

6 reasons why an area would be include in the Resource Area. Looking at the GIS data it appears the only reason the site is within the Resource Area is because it is municipally owned it doesn t contain any of the sensitive environmental features which would classify it as a resource area. The GIS data identified the property as a town forest. Jackie Higgins stated the site is not the town forest. This indicated the value of looked at specific sites on a case by case basis. The committee agreed the site doesn t contain any of the resources which may preclude the site from being used for the project. The committee also stated that while they support the site, this doesn t equate to full support of the entire project only support of the location of the project. The committee still reserves the ability to review the 45-day notice and the Petition and comment on other aspects of the project. The committee also decided to not review the Preferred Site Request against the other Regional Plan Goals and Policies as listed within the Staff Memo, as this can be part of the review of the entire project once the formal application process has been initiated. J Brabant made a motion to approve the Williamstown Site as presented as a Preferred Site, seconded by B Atwood, all in favor. Motion carried. Projects of Substantial Regional Impact - Fecteau Residential, Inc continued discussion and staff review Staff provided a summary of the project from the last meeting. Shatney added that Barre City has reviewed the project and approves the connection of the proposed neighborhood to City sewer, stormwater and connecting to City roads. The Barre Town DRB approved the project, but the City of Barre has to enter into an agreement with the developer as the property is located on the municipal boundary and will rely on some City infrastructure. Discussion followed about school impacts, lack of archeological resources and other items which were included in the Act 250 application. B Atwood made a motion to find the Fecteau Project in conformance with the Regional Plan, seconded by J Brabant, all in favor. Motion carried. Limited committee discussion followed based upon a review of the most recent Committee Rules of Procedure (dated 9/12/2017) and Rules of the Process (dated 9/12/2017) which were provided to Committee ahead of the meeting. The Rules confirm the Committee has the ability to support, approve or confirm these types of projects without making a recommendation for full board approval. Updates on other Act 250 & Section 248 Applications Staff provided a brief overview of the items listed on the Project Summery Sheet as contained within the packet. General discussion followed about the projects currently underway in the City of Montpelier. Meeting Minutes J D Amico made a motion to approve the September 27, 2018 minutes, seconded by B Atwood, all in favor. Motion carried. Next Meeting The next meeting is scheduled for Nov 15, based upon the absent members availability. Adjournment J D Amico made a motion to adjourn at 5:20 pm, seconded by J Brabant, all in favor. Motion carried. CVRPC Project Review Committee Meeting Minutes October 25, 2018

7 PROJECT REVIEW COMMITTEE SUMMARY SHEET November 29, 2018 The following is a list of projects that have been received by staff since the last Project Review Committee meeting. Staff will provide a general overview of the projects if necessary to determine if additional discussion is warranted at a future meeting. APPLICATION APPLICANT MUNICIPALITY PROJECT SUMMARY 1 Act 250 Major Notice 5W1591 Capitol Plaza & City of Montpelier Montpelier Proposed construction of 5 Story Hotel/89 Rooms/3 Story Parking Garage. Hearing scheduled for January 16, 2019, Montpelier City Hall. 2 Act 250 5W1589 Fecteau Residential Barre Town Fecteau is proposing the construction of a residential Planned Unit Development consisting of 48 new lots and a max of 90 units in Barre Town. Hearing scheduled for 5:45 pm 3 5W Ben & Jerry s Waterbury Removal of existing trailer attached to main building that houses the maintenance shop; replace with one-story building addition to house maintenance shop and trucker's lounge. Relocate a trash compactor to an unused truck loading dock. Permit to be issued 11/26/2018

8 APPLICATION APPLICANT MUNICIPALITY PROJECT SUMMARY Project Summary Sheet Updated October 22, 2018 Page 2 of 2

20 STATE OF VERMONT NATURAL RESOURCES BOARD - DISTRICT COMMISSIONS ACT 250 JURISDICTION CATEGORIES Vermont's Land Use and Development Law prohibits the commencement of certain categories of development without first obtaining a Land Use Permit. These categories are generally described below. To determine whether a specific project requires a permit, you should contact the District Coordinator at the regional office listed on the back of this page to obtain a written Project Review Sheet. ACT 250 DOES REGULATE AND CONTROL: 1. Construction of improvements for a commercial, industrial, or residential use above the elevation of 2,500 feet. 2. The construction of improvements for any commercial or industrial purpose (including not-for-profit developments but excepting farming, logging, or forestry) on more than 10 acres of land; or on more than one acre of land if the municipality does not have both permanent zoning and subdivision bylaws. 3. The construction of 10 or more housing units, or the construction or maintenance of mobile homes or trailer parks with 10 or more units, within a radius of 5 miles. (In designated downtowns, designated growth centers, Vermont neighborhoods, and neighborhood development areas the 10-unit threshold may be higher for some projects see the District Coordinator for more information.) 4. Subdivision of land creating 10 or more lots of any size within a 5-mile radius or within the jurisdictional limits of a District Commission within a continuous period of 5 years. 5. Within a town that does not have both permanent zoning and subdivision regulations, subdivision of land creating 6 or more lots of any size within a continuous period of five years. 6. The construction of improvements for a governmental purpose if the project involves more than 10 acres or is part of a larger project that will involve more than 10 acres of land. 7. Any construction of improvements which will be a substantial change or addition to or expansion of a grandfathered (existing pre-1970) development of the type which would require a permit if built today. 8. The construction of a support structure which is primarily for communication or broadcast purposes and which extends 50 feet, or more, in height above ground level or 20 feet, or more, above the highest point of an attached existing structure. 9. The exploration for fissionable source materials beyond the reconnaissance phase or the extraction or processing of fissionable source material. 10. The drilling of an oil or gas well. 11. The sale, by public auction, of any interest in a tract or tracts of land, owned or controlled by a person, which have been partitioned or divided for the purpose of resale into five or more lots within a radius of five miles and within any period of ten years. 12. Any withdrawal of more than 340,000 gallons of groundwater per day from any well or spring on a single tract of land or at a place of business, independent of the acreage of the tract of land.

21 ACT 250 DOES NOT REGULATE OR CONTROL: 1. The construction of improvements for farming, logging or forestry purposes below the elevation of 2,500 feet. 2. The construction of improvements for an electric generation or transmission facility. 3. The construction of improvements for agricultural fairs that are registered with the agency of agriculture, food and markets and that are open to the public for 60 days per year, or fewer, provided that, if the improvement is a building, the building was constructed prior to January 1, 2011 and is used solely for the purposes of the agricultural fair. 4. The construction of improvements for the exhibition or showing of equines at events that are open to the public for 60 days per year, or fewer, provided that any improvements constructed do not include one or more buildings. 5. The construction of improvements for certain composting operations located on farms, depending on the source, composition, and amount of the inputs to such compost. ACT 250 PROCEDURE The Act 250 hearing is conducted by a three-member District Environmental Commission. The Commissioners are appointed by the Governor of the State of Vermont. Their responsibility is to consider each application for a land use permit in accordance with the 10 criteria of 10 V.S.A. Chapter 151. At the conclusion of the hearing, the District Commission will either adjourn the hearing or declare a recess to a later date to allow additional information to be presented. If the hearing is adjourned, the Commission will issue a decision in the form of findings of fact and conclusions of law, and, if appropriate, a Land Use Permit within twenty days. Any of the parties may appeal a decision issued by the District Commission. The appeal from a District Commission decision is to the Superior Court, Environmental Division. A decision of the Environmental Division may be appealed to the Vermont Supreme Court. Act 250 permits do not supersede or replace the requirements of other local or state permits. For additional information about Act 250 and its relationship to local or state land use laws, contact the District Coordinator at any of these locations: Districts #1 and 8 Districts #4, 6 and 9 District #7 440 Asa Bloomer State 111 West St. 374 Emerson Falls Rd., Suite 4 Office Building, 4 th Floor Essex Jct., VT St. Johnsbury, VT Rutland, VT ( ) ( ) (Location: 88 Merchants Row) ( ) Districts #2 and 3 District #5 Natural Resources Board 100 Mineral Street 5 Perry Street Suite 60 Dewey Building Center Suite #305 Barre, VT National Life Drive Springfield, VT ( ) Montpelier, VT ( ) ( ) Natural Resources Board Website: (Updated: April 12, 2017) NRB2 (Blue) Y:NRB\nrb-shared\shared\misc\nrb2.docx

22 ENGINEERING PLANNING MANAGEMENT DEVELOPMENT ACT 250 District Commission # 5, 6, 9 6 GREEN TREE DRIVE SO. BURLINGTON, VT TEL: (802) FAX: (866) RANDOLPH, VT SPRINGFIELD, VT BEDFORD, NH LACONIA, NH Application #: 5W1591 Copyright 2018 Dubois & King Inc. Exhibit #: 009 PROFESSIONAL SEAL Date Received: 11/2/2018 PROPOSED 24' ACCESS & STORMWATER EASEMENT TO CITY ER GROUNDWAT NE TREATMENT LI BW TW BW BW 523 TW TW BW BW TW BW TW TW BW TW TW TW TW BW PROPOSED 24' ACCESS & STORMWATER EASEMENT TO CITY BW TW BW TW TW BW STOP STOP NOT FOR CONSTRUCTION BW TW TR S SUBMITTED FOR NOVEMBER 5th HEARING + TF TF 531 MONTPELIER HOTEL BW TF 531 BW 523++TW STATE STREET MONTPELIER, VT BW TW SHEET TITLE PROPOSED IMPROVEMENTS SITE PLAN FOR DETAILS OF GARAGE SITE REFER TO GARAGE PLANS DRAWN BY BEG CHECKED BY RCL REFER TO "SUBDIVISION OF PARKING GARAGE PARCEL FROM: CAPITOL PLAZA CORPORATION" BY CIVIL ENGINEERING ASSOCIATES, INC. FOR ADDITIONAL INFORMATION ON EASEMENTS. PROJ. ENG. DATE 10/19/18 D&K PROJECT # P1 D&K ARCHIVE # RCL SHEET NUMBER C-4

PRELIMINARY NOT FOR CONSTRUCTION E-4 E-13 E-3

- 2 156' - 0" ROOF DECK - 1 151' - 6" FIFTH

FLOOR 122' - 0" SECOND FLOOR 112' - 0" FIRST

SET 07/20/2018 E-17 E-10 E-6 E-2 E-14 E-7 E-11

$Referenced From: A101 F:\revit files\1706 -$ 07-20-18_greg@rabideau-architects.com.

E-6 E-9 EAST ELEVATION 1/8" = 1' 0" Referenced

E-12 E-9 E-4 E-14 E-2 E-15 E-14 E-5 E-16 E-9

SIDING TYPE ONE - LIMESTONE, IN THE COURSING

E-2 SIDING TYPE TWO - MODULAR FACE BRICK,

E-3 SIDING TYPE THREE - FIBER CEMENT SIDING.

6" EXPOSURE WITH PRE-FORMED EXTERIOR CORNERS.

E-5 RUNNING TRIM: FIBER CEMENT TRIM BOARDS BY

E-6 STOREFRONT SYSTEM AND COMPONENTS WITH

SEE VERMONT COMMERCIAL ENERGY STRETCH CODE FOR

E-7 ENTRY DOOR: SEE DOOR SCHEDULE FOR SIZE AND

E-9 CUT LIMESTONE TRIM BAND E-10 DECORATIVE

23 PRELIMINARY NOT FOR CONSTRUCTION E-4 E-13 E-3 E-12 E-10 E-2 E-16 E-5 E-3 E-12 E-13 ROOF DECK ' - 0" ROOF DECK ' - 6" FIFTH FLOOR 142' - 0" FOURTH FLOOR 132' - 0" THIRD FLOOR 122' - 0" SECOND FLOOR 112' - 0" FIRST FLOOR 100' - 0" E-5 E-3 E-9 E-2 E-11 E-3 E-16 E-9 E-2 E-11 E-17 REVISIONS No. Description Date A HILTON PRELIMINARY PLAN SUBMISSION 03/30/2018 B PRELIMINARY SUBCONTRACTOR BID SET 04/18/2018 C FINAL BID SET 07/20/2018 E-17 E-10 E-6 E-2 E-14 E-7 E-11 E-17 E-16 E-6 1 SOUTH ELEVATION 1/8" = 1' 0" Referenced From: A101 F:\revit files\ HAMPTON INN AT CAPITOL PLAZA - FINAL BID SET _greg@rabideau-architects.com.rvt 2 ROOF DECK ' - 0" ROOF DECK ' - 6" FIFTH FLOOR 142' - 0" FOURTH FLOOR 132' - 0" THIRD FLOOR 122' - 0" SECOND FLOOR 112' - 0" FIRST FLOOR 100' - 0" E-11 E-17 E-6 E-9 EAST ELEVATION 1/8" = 1' 0" Referenced From: A101 E-5 E-2 E-3 E-7 E-10 E-13 E-17 E-7 E-12 E-9 E-4 E-14 E-2 E-15 E-14 E-5 E-16 E-9 E-1 E-11 E-17 EXTERIOR MATERIALS LEGEND E-1 SIDING TYPE ONE - LIMESTONE, IN THE COURSING INDICATED. E-2 SIDING TYPE TWO - MODULAR FACE BRICK, PAINTED WHITE, RUNNING BOND. E-3 SIDING TYPE THREE - FIBER CEMENT SIDING. "HARDIEPLANK" LAP SIDING. 6" EXPOSURE WITH PRE-FORMED EXTERIOR CORNERS. WHITE WITH A SMOOTH FINISH. E-4 SIDING TYPE FOUR - METAL SIDING. COLOR TO BE BLACK. E-5 RUNNING TRIM: FIBER CEMENT TRIM BOARDS BY "JAMES HARDIE" OR APPROVED EQUAL. WHITE WITH A SMOOTH FINISH. E-6 STOREFRONT SYSTEM AND COMPONENTS WITH INSULATED ARGON FILLED GLASS. COLOR TO BE BLACK. SEE VERMONT COMMERCIAL ENERGY STRETCH CODE FOR MAXIMUM U-VALUE. E-7 ENTRY DOOR: SEE DOOR SCHEDULE FOR SIZE AND MATERIAL. COLOR TO BE BLACK. E-9 CUT LIMESTONE TRIM BAND E-10 DECORATIVE STONE OR CONCRETE WINDOW SURROUNDS E-11 GRANITE SILL COURSE E-12 DECORATIVE CORNICE. COLOR TO BE WHITE. E-13 STANDING SEAM METAL ROOF. COLOR TO BE BLACK. E-14 DECORATIVE STONE OR CONCRETE BRACKETS E-15 DECORATIVE BALCONY AND RAILING SYSTEM AS SELECTED BY ARCHITECT. COLOR TO BE BLACK E-16 FIBERGLASS OR COMPOSITE WINDOWS WITH LOW-E, ARGON FILLED, INSULATED GLASS. COLOR TO BE BLACK. ( SEE WINDOW SCHEDULE ) E-17 SIDING TYPE FIVE - GRANITE BLOCK, NATURAL WHITE WITH SMOOTH FINISH. EXTERIOR BUILDING ELEVATIONS SCALE: 1/8" = 1' 0" 550 Hinesburg Road Suite 101 South Burlington. VT Rabideau-Architects.com PROJECT #: HAMPTON INN AND SUITES BY HILTON Rabideau Architects SHEET NUMBER MONTPELIER, VERMONT 1706 A202 03/30/ Rabideau Architects, INC.

24 PRELIMINARY NOT FOR CONSTRUCTION Rabideau Architects 550 Hinesburg Road Suite 101 South Burlington. VT Rabideau-Architects.com REVISIONS No. Description Date A Submitted for November 5th Hearing 10/19/2018 B Parking layout and grid revised 10/26/ Rabideau Architects, INC. PROJECT #: SHEET NUMBER A901 F:\revit files\ Montpelier Parking Garage _Al.rvt 3D VIEWS MONTPELIER PARKING GARAGE MONTPELIER, VERMONT 1 3D VIEW 1 2 3D VIEW 2 09/26/

Facts. 1. Don and Joyce operate Newton Enterprises at 1561 Route 5 South in Fairlee ( Property ).

Facts. 1. Don and Joyce operate Newton Enterprises at 1561 Route 5 South in Fairlee ( Property ). NATURAL RESOURCES BOARD Districts #2&3 Environmental Commission 100 Mineral Street, Suite 305 Springfield, VT 05156-3168 James Duggan Historic Preservation Review Coordinator Vermont Division of Historic