Town of Wallingford
Development Review Board*

*These are unofficial Minutes subject to approval at the next regular board meeting.
 

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MINUTES

May 20, 2010  

Members present: Ed Crelin , John West, Larry Miller and Charlie McClafferty  

Others present as Interested Parties: Helen Savery, Richard Savery, Ann Buffum, Carl Buffum, Michelle Kenny, Elisabeth Kulas, Amy Grover and Martin Grover  

Others present:  Rowan Muelling-Auer, Felicia Knapp, Bob Carey, Jeffrey Duchesne, Amanda Cincotta, Donald Boyd and Christopher Schmelzenbach, Zoning Administrator.  

7:04 Ed Crelin called the Meeting to order.  

Meeting minutes of April 22, 2010 were reviewed. Corrections to page 2 were recommended inclusive of reference to Ed Coolish being revised to Elisabeth Kulas, Rowland Cowley to Rowan Muelling–Auer.  Charlie McClafferty moved and Larry Miller seconded to approve the minutes as revised. Passed by all.  

Public Hearing for Chipman Lodge #52, F&AM / Kids’ Cove of Wallingford, Inc.

Permit # 07-10 reconvened at 7:10.  

Purpose:  

Reconvene of April 22, 2010 hearing consideration of change in use of existing Masonic Lodge Building located at 65 Main Street , Wallingford , VT. Use of the lower floor is proposed as preschool / daycare facility to service up to 45 children with 7 staff. A perimeter fence is also proposed.  

Opened 7:02  

Ed Crelin read the Public Notice and Interested Party Status Criteria.

Oath was given to all interested parties.

Revised site plans as submitted were distributed.

Commentary submitted by applicant Reference labeled: “Compliance with State and Local Flood Hazard Flood Hazard Regulations” dated: May, 19, 2010 was distributed.  

Ed Crelin questioned the distance from the assumed property line to the proposed fence.

Elisabeth Kulas responded 3’ to 4’.

Carol Buffum questioned whether the depicted 10’ distance along the proposed parking was adequate for snow storage.

Elisabeth Kulas responded that the depicted seven parking spaces may not always be used as it is based upon the number of children. Should it be required additional snow would be hauled offsite.  

Ed Crelin noted that since it is presently a shared drive the Buffums were also responsible for snow maintenance.  

Elisabeth Kulas stated that the location of the proposed fence had been revised during site plan development.  

Carol Buffum indicated concerns relative to snow falling off of the rood upon the drive.

Elisabeth Kulas stated that is was intended to install a snow guard.

Ed Crelin stated that snow was not a Zoning type of issue.

Elisabeth Kulas offered that such concerns could be addressed via a private agreement.  

Amy and Martin Grover expressed concerns that privacy would be an issue since a chain link type of fence was proposed and suggested a solid type taller than 4’. As a concern relative to the property line being labeled as assumed.

Elisabeth Kulas stated that the deeds were reviewed as well as the municipal tax maps during site plan development. In addition she indicated that an existing water line easement was also referenced in establishing the line.  

John West noted that no property line was depicted along the North boundary.

Elisabeth Kulas stated it was 10’ from the building.

Ed Crelin questioned whether the area enclosed in the proposed fencing was State regulated.

Elisabeth Kulas indicated yes and that there was some flexibility there.  

Elisabeth Kulas questioned Mr. and Mrs. Grover whether boundary pins were still visible.

The Grovers indicated there was one in the rear of the parcel.  

Ann Buffum indicated that the shared drive area was recorded as extending from the roadway to the school property.

Larry Miller questioned where the property line was within the shared drive.

Elisabeth Kulas stated 10’ from the building.  

Carol Buffum requested clarifications on measurements adjacent to the garage.

Ann Buffum and Elisabeth Kulas clarified.  

Amy Grover indicated concerns of stormwater runoff.

Elisabeth Kulas indicated that there would be no major ground work and that the idea of adding an additional curb cut had been abandoned at this time.

Elisabeth Kulas stated that there would be no major ground work other than a thin layer of gravel. In addition stating that the fence would have no effect and nor should the gravel drive.  

Martin Grover expressed concerns that the snow placement along the school property would have a dam effect and direct flow into his property.  

Elisabeth Kulas stated again that they would not be importing soil but rather a thin layer of gravel.

Martin Grover again expressed the snow effect concern.

Amy Grover restated concern of the use of the chain link fencing.

Elisabeth Kulas stated that the decision to partially based upon cost and creating the effect of openness.  

Ann Buffum questioned whether, if approved, could the fence issue to addressed privately. Ed Crelin noted that fences of a 4’ height were not regulated through zoning.  

Richard Savery indicated that the 4’ height may not be in compliance with State requirements. In addition, expressed lack of support for the change of use and indicated that the former childcare facility is in the process of potentially re-opening.

Elisabeth Kulas indicated that the use would fit in with other uses in the neighboring area.  

Ed Crelin questioned the board if the submitted site plan was adequate. It was agreed that it was.  

The Flood Regulations were discussed in conjunction with review of the commentary submitted by applicant Reference labeled: “Compliance with State and Local Flood Hazard Flood Hazard Regulations” dated: May, 19, 2010 was distributed.

Ed Crelin referenced applicable statues.

Elisabeth Kulas stated her previous experience and summarized the commentary indicating that the structure would be exempt based upon it being considered historic and that the improvements were not considered Cumulative substantial improvements.  

Ed Crelin questioned the extent of exterior renovations.

Elisabeth Kulas indicated that a door was to be relocated.  

Elisabeth Kulas noted that flood insurance would be obtained.

Ed Crelin indicated that flood insurance was not a zoning issue.  

John West questioned that current value of the structure.  Elisabeth Kulas indicated $246,000.  

Ann Buffum questioned if other items could be discussed.  Ed Crelin indicated yes if they were related to zoning.  

Carol Buffum expressed support but also noted that the municipality would be loosing a resource through the Masons that has significant history and support.

Ed Crelin indicated that Jay White had attended the previous meeting and indicated that the Masons were in need of income.  

Martin Grover questioned whether there would be a gate in the fence separating the school property.

Elisabeth Kulas responded that the school had agreed to the concept of including a gate.  

Ann Buffum questioned that time of proposed operation as being either 6:00-6:00 or 6:30-6:30.

Elisabeth Kulas indicated that the actual hours, though within the proposed window, would be governed by client needs.

Elisabeth Kulas stated that her intent was to be approachable by the neighbors with concerns.  

John West made a motion to close the hear. Larry Miller 2nd, Passed

Hearing closed 7:45

The Board subsequently went into deliberative session.

8:12 the Board closed the deliberative session.  

Hearing minutes of April 22, 2010 and hearing minutes of May 20, 2010 to be considered statement of factual decision bases.  

Statement of conclusion:  

The application was unanimously approved with the following conditions:  

1)      The project must be completed in compliance with all Municipal, State  and Federal regulations as associated with development within a Special Flood Hazard Area.

2)      All proposed exterior lighting is to be installed that is downward facing and will not have direct illumination upon neighboring properties.

3)      The proposed fence to be located on the South of the parcel is to be located within boundaries associated with the Masons building.

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