MINUTES
SPRINGFIELD DEVELOPMENT REVIEW BOARD
TUESDAY – March 10, 2015 - 7:00 P.M.
A. CALL TO ORDER: The Chair called the meeting to order at 7:00 pm
B. ROLL CALL: Joe Wilson, Chair, Wilbur Horton, Mark Wilson and Karl Riotte.
Also present were:
· For the Gaseau Hearing: Butch Wilson, Jason Waysville, Doris Lucchesi, Lucas Gibbs, and Paul E. Gibbs.
· For the Bittner Hearing: Jeff Bittner’s
· For the Barrett Hearing: The applicant appeared through the written application and plans only.
William G. Kearns, Secretary of the Board and Administrative Officer (AO) was also present. Walter Martone, newly elected member of the board of selectmen was also present to learn and observe.
C. ADMINISTER OATH: I hereby swear that the evidence I give in the cause under consideration shall be the whole truth and nothing but the truth.
All persons who attended and testified later took the oath.
D. CONFLICT OF INTEREST: Does any member of the Board have a conflict of interest regarding any matter scheduled for public hearing? None were relevant or material, though all members present noted that Don Barrett is an alternate member of the Development Review Board, but that fact would not alter or influence their judgment in this matter.
E. NOTICE OF PUBLIC HEARING: The AO reported that the Notice of Public Hearing for the three public hearings was posted in three places (Town Hall up and downstairs boards, the United States Post Office in North Springfield, and Library), published in the Springfield Reporter and sent to abutters of the parcel that is the subject of the Public Hearings on this agenda.
F. REQUESTS AND PUBLIC HEARINGS:
1. A request by Ann Gaseau and Edwin (Butch) Wilson to excavate granular material and periodically crush material on-site over the next 2 to 3 years, and to remove the on-site material, as shown in the application materials, to reduce the elevation of this parcel and to flatten the parcel, and at times to stockpile the material on-site before removal, and to reclaim the site and restore it to field condition with grass and tree plantings, in accordance with Section 3.11 of the Springfield Zoning Regulations, on 3.69+ acres located in the RA-5 Zoning District at 576 Brockway Mills Rd., a portion of Parcel No. 14-01-01.001.
The Chair asked Bill Kearns, AO, to comment on this request. Bill Kearns stated that this request was subject to the requirements of Section 3.11 of the Springfield Zoning Regulations, which should be used as an outline for this public hearing and for the decision of the DRB. He also noted that an issue to be discussed in the public hearing was the possible use of town property, namely the Police target practice range, and possible improvement to that town property by the applicant in return for temporary use of a portion of the town parcel.
Jason Waysville, Professional Engineer, address the DRB. He showed them in order the plat of the existing conditions, the plat showing the work to be done in progress, and the final plat showing the property when the work of improvement and excavation was completed. As Jason presented these plans to the DRB the Chair invited interested parties to join the DRB around the table to view the plans.
Jason Waysville explained each of these plans to the DRB and the interested parties. Basically it was to remove the top soil, store it on-site, remove the gravel, crush it on-site as necessary, haul the gravel off-site for use by various customers, including potentially the Town of Springfield, flatten and grade the site for a slight slope toward the stream on the easterly side of the property, perform all the stormwater development work required by the State of Vermont and its general permit and any conditions set by the Act 250 District 2 permit conditions, perform any work agreed to with the town on the town parcel, covered the site with 4 inches of soil, and replant with grass and trees. In short the project as proposal was to remove the knob of the hill, flatten and slope the field toward the stream, provide an access to the property meeting B71 standards, do some improvement to the town parcel site, and deal with any stormwater issues as required by the State of Vermont. The equipment to be used would be an excavator, a front loader and periodically, namely approximately twice a year, during normal working hours only, a grinder for several days to grind the large rock. The grinding of the rock would be done by a diesel powered grinder, which initially would sit on the town parcel, if an agreement can be reached with the town to do so, and then moved on to the Gaseau parcel as soon as a spot can be made on the parcel to do so. In response to a question by DRB member Mark Wilson, Jason Waysville stated that the grinder would initially be about 150 feet from the road, while it was on the town parcel, and then moved further back when it was moved on to the Gaseau property. The issue of being closer than 300 feet from the road was discussed by the DRB and the consensus was that this was not an issue as planned, and furthermore that the grinder would never be closer than 300 feet to any residents in the area.
Included in the improvements that the applicant is willing to do for the town would be a new gate, regrade the area near the entrance and remove the tailings from the old pit operation, smooth the area, and, if the town Highway so desires, provide gravel to the town at a reasonable price. Also as part of its landscaping on the Gaseau property, in the area that abuts the town property, the mound would be maintained and trees planted to control the sound coming from the police gun range.
The chair asked if there were persons in the audience that wanted to address the issues.
Doris Lucchesi and Paul E. Gibbs addressed the Board. Mr. Gibbs concerns were stormwater runoff and the location of the work to be done. Mr. Gibbs stated several times, upon learning that all the work was to be done on the other side of the row, and that stormwater would be done by permit from the State of Vermont, that since his property would not be impacted by the work, although being done on the other side of the road, he was satisfied with the project. Doris Lucchesi was concerned about stormwater runoff as it would affect her property, and her concerns were addressed by Jason Waysville, who stated that all stormwater runoff would be controlled and developed under a permit from the State of Vermont which requires a general stormwater permit for this work. Should the project cause drainage issues to the ditch on her property, the applicant would be willing to clean that ditch which now serves to drain her property. Additionally, he stated, that the Act 250 District 2 Commission decision was control the work he was doing as well as stormwater runoff. It was further noted by members of the DRB that the distance between the project and the Lucchesi parcel was significant and the likelihood of damage from stormwater runoff was slight. There was some discussion among the interested parties about blasting. It was stated there would be no blasting done on this project. The gravel would be removed, as stated above, by excavator in and front loader.
When asked about a starting date Jason Waysville stated that because of the need for an Act 250 permit they probably would not start until late this year or early next year.
It was noted by the DRB that the requirements of Section 3.11 of the Zoning Regulations required 4 inches of topsoil to be replaced at the end of the excavation work as part of the reclamation of the field.
The DRB discussed the grounds for this Public Hearing and it was agreed that this was neither conditional nor site plan review, but rather compliance with Section 3.11 of the Springfield Zoning Regulations.
There being no further testimony the chair closed the Public Hearing.
MOTION: It was moved by Mark Wilson second Wilbur Horton to go into deliberative session at the end of this meeting in order to formulate a decision on this request.
The motion passed unanimously.
Findings and Decision made in Deliberative Session on this same date:
MOTION: Mark Wilson moved, second by Wilbur Horton to make the following findings:
a. That notice of the public hearing and meeting has been carried out as required, mailed to the abutters, published in the Springfield Reporter, and posted in three public places.
b. That a quorum of the Development Review Board was present and voting.
c. That party status was determined for Jason Waysville, Edwin (Butch) Wilson, Doris Lucchesi, and Paul E. Gibbs.
d. That those with party status were given the opportunity to testify on the request.
e. That the request is to excavate granular material and periodically crush material on-site over the next 2 to 3 years, and to remove the on-site material, as shown in the application materials, to reduce the elevation of this parcel and to flatten the parcel, and at times to stockpile the material on-site before removal, and to reclaim the site and restore it to field condition with grass and tree plantings, in accordance with Section 3.11 of the Springfield Zoning Regulations, on 3.69+ acres located in the RA-5 Zoning District at 576 Brockway Mills Rd., a portion of Parcel No. 14-01-01.001.
f. That the request as presented and amended during the presentation to include 4 inches of topsoil as part of the reclamation, meets the requirements of Section 3.11 of the Springfield zoning regulations, in particular the following portions of that Section:
1. In (A): the applicant has presented the plans outlining the excavation procedures that specify phasing of the operation and upon completion of the excavation the entire project shall be reclaimed and left in a safe, attractive and useful condition as more particularly described under (B) of this Section 3.11.
2. In (B): the applicant has presented the plan for reclamation which does include: grading so that no slope is steeper than one – on – two; installation of at least four (four) inches of topsoil; mulching, fertilizing and replanting to prevent erosion; provision for the stability of the entire site and erosion prevention; provision for all drainage of ways to be retained or be located, and kept in a condition that prevents erosion.
3. In (C): the applicant has presented a plan that states there will be no blasting; there being no power activate question or sorting machinery or equipment within 300 feet of any occupied building, and except for a period of time at the beginning of the project no such equipment shall be within 300 feet of any street; there shall be no slopes created in excess of 45°; the operator shall obtain a general stormwater permit and follow VT conditions of that permit, which shall control all surface drainage affected by the operation as required under number four of (C); the applicant has presented a plan which shall not jeopardize the stability of soils at any property line; there shall not be any permanent structures in therefore the requirements of (C) 6. are met; and the applicant has met the requirements of 7. by stockpiling the topsoil as it is removed and replacing it at the end of the project, adding more topsoil as required to meet the 4 inch requirement set forth in Section 3.11 (B).
The motion unanimously passed.
DECISION OF THE SPRINGFIELD DEVELOPMENT REVIEW BOARD: March 10, 2015
MOTION: Wilbur Horton moved, Karl Riotte second to approve the request by Ann Gaseau and Edwin (Butch) Wilson to excavate granular material and periodically crush material on-site over the next 2 to 3 years, and to remove the on-site material, as shown in the application materials, to reduce the elevation of this parcel and to flatten the parcel, and at times to stockpile the material on-site before removal, and to reclaim the site and restore it to field condition with grass and tree plantings, in accordance with Section 3.11 of the Springfield Zoning Regulations, on 3.69+ acres located in the RA-5 Zoning District at 576 Brockway Mills Rd., a portion of Parcel No. 14-01-01.001as presented and amended, and subject to the following conditions:
a. That all required State and local permits be acquired.
b. That all the requirements of Section 3.11, found above to be relevant and required, shall be met.
c. That work on Town property may be carried out consistent with the testimony presented provided the written consent of the Town has been obtained.
Motion passed unanimously.
Don Barrett not being present the Chair suggested the Board move to item 3 on the agenda, and with no objection being presented the Chair did so.
3. A request by Bittner Spousal Revocable Trust / Jeffry Bittner for classification as a minor subdivision and subdivision approval to subdivide Parcel A as described in Book 309 at Page 250 et seq. of the Springfield Land Records, 37+ acres into two parcels: Lot 1 consisting of 18.17+ or minus acres and Lot 2 consisting of 18.34+ or minus acres in the MDR and RA-5 Zoning District at 93 Reservoir Road, Springfield, VT, Parcel No. 02 – 01 – 09
The Chair asked Bill Kearns, AO, for any comments he might have on the application. Bill Kearns stated that the reason for stating that this was a subdivision of Parcel A was to be sure that in a title research, the researcher would find that there were two parcels mentioned in the deed to Bittner, and that this subdivision had to do with Parcel A only. Bill Kearns further stated that the septic on lot one was delineated and that the septic on lot two was in deferral. He also noted that both lots had frontage on reservoir road, and in addition lot two had a 50 foot right-of-way shared with abutting property owners for access from lot two to reservoir road. This right-of-way is noted on the plat, and it is noted as being a shared right-of-way.