representative for dp 17-21 was not present at 7:03 pm ...f506b13c-605b-4878... · other attendees...

of 18

TOWN OF WILLISTON

DEVELOPMENT REVIEW BOARD

May 23, 2017, 7:00 PM

Town Hall Meeting Room | 7900 Williston Road

Minutes approved June 13, 2017 with a minor modification.

A video recording of the meeting is broadcasted by Channel 17 and available on their website, www.cctv.org. The

minutes can be found on the town website, http://www.town.williston.vt.us/, under Public Records and Documents.

Members in attendance: Scott Rieley, Brian Jennings, David Turner, David Saladino, John Hemmelgarn

Absent: John Bendzunas, Peter Kelley P & Z Staff: Matt Boulanger, Emily Heymann Other attendees who signed the attendance log: Paul O’Leary, Hannah Loope, Graham Tidman, Philip Kelton, Jeff

Hodgson, Tom Ryan, Yana Walder

AGENDA

I. Public Forum

II. Public Hearing

DP 17 – 21: Allen Brook Partners requests a Master Sign Plan discretionary permit for 8031 Williston

Road in the Village Zoning District (VZD).

DP 10-35 Amendment #2: Cypress Equities requests discretionary permit approval to make color and

architectural changes to existing buildings, to add expanded signage bands to buildings, to change the

configuration of urban park areas, and to add 251 additional parking spaces at Maple Tree Place, 28

Walnut Street in the Taft Corners Zoning District (TCZD).

III. Communication, Final Plans and Other Business

IV. Minutes from May 9, 2017 DRB meeting

V. Adjournment

7:03 PM Opened public forum

Representative for DP 17-21 was not present at 7:03 PM. The board moved on to DP 10-35 Amendment #2.

7:05 PM Opened public hearing for DP 10 – 35

DP 10-35 Amendment #2: Cypress Equities requests discretionary permit approval to make color and

architectural changes to existing buildings, to add expanded signage bands to buildings, to change the

configuration of urban park areas, and to add 251 additional parking spaces at Maple Tree Place, 28

Walnut Street in the Taft Corners Zoning District (TCZD).

This is public hearing is continued from the meeting of April 25, 2017.

../../Downloads/www.cctv.org

http://www.town.williston.vt.us/

of 18

Representing the application: Paul O’Leary of O’Leary Burke Civil Associates; Tom Ryan and Philip Kelton of

Cypress Equities, Dallas, TX

Matt Boulanger gave the staff report and explained the request.

David Saladino asked about parking minimums. Matt Boulanger explained that site plans approved now would balance

the parking needs better, and shared parking plans based on demand would be ideal, however, min/max parking

numbers are required.

Matt Boulanger explained the option for the board to split the review into parts, to approve some components tonight

and continue others sections that may need more discussion. He noted that the split is possible by law without a hearing

notice processing.

Matt Boulanger noted the HAAC comments to not approve façade color changes and the Fire Department’s comments

for NFPA labeling.

Mary Jo Childs, Williston resident and HAAC member, submitted a letter on May 23rd

opposing the brick painting.

Paul O’Leary noted that their parking numbers are in agreement with staff numbers. He gave an overview of parking,

including pathway expansion to the stormwater pond, and new parallel parking spaces by Shaw’s.

Brian Jennings asked about the pathway through parking. Paul O’Leary explained that they took the board’s

recommendations and will connect the path to the stormwater pond.

John Hemmelgarn asked about the path materials. Paul O’Leary clarified that it will be striped like a crosswalk. -

John Hemmelgarn asked about the parking spaces that go over the property line into Town right-of-way. Paul O’Leary

stated that they are regrading and repaving the lot to the existing footprint.

David Saladino asked if the lot could be pivoted a few degrees to fit spaces within the property line. Paul O’Leary said

that could be considered.

Matt Boulanger clarified that the parking is a nonconformity, but it can be approved. A nonconformity has a 12-month

time limit for replacement as an administrative permit. The street was constructed under past protocol. He noted that

though the board is trying to reduce nonconformities, the bylaw allows for the existing parking lot replacement.

Paul O’Leary stated that they are moving forward Army Corps of Engineers and should also get Act-250 approval this

summer.

Brian Jennings asked about the landscaping plan for the parking lots. Paul O’Leary gave an overview and also noted

that VELCO recommend shrubbery below 8’. Brian Jennings noticed trees in the VELCO right-of-way. Paul O’Leary

stated they would change their plan accordingly.

Paul O’Leary gave an overview of the updated bicycle parking plans. Brian Jennings noted that bike styles are

changing, and fat tires and some fenders don’t fit in comb-style racks.

of 18

Matt Boulanger stated that staff doesn’t have a problem with reutilizing existing racks, but wouldn’t want to suggest

additional comb racks over no plan.

Tom Ryan stated that the bike racks are something of value for the future and youth would probably generate more

bike traffic than anyone else.

Tom Ryan explained that the public restrooms are in Building B, closer to the skating rink restrooms.

Paul O’Leary clarified that bike commuter shower facilities will stay in the original proposed location by Starbucks.

Tom Ryan gave an overview of the plan for the sign band.

Brian Jennings asked about lighting. Tom Ryan explained their plan to replace existing lighting with a slim and

unobtrusive Led style.

Scott Rieley requested they work with staff on the lighting plan, since it was not clear in the handouts.

Matt Boulanger clarified that lighting changes are usually done administrative. However, it can be added as draft

condition. He also recommended for DRB approval of final plans, rather than the usual procedure of staff approval.

Tom Ryan gave an overview of the color changes, noting the added variation of grey and black accents.

Philip Kelton displayed the painted brick samples. The board and staff viewed façade renderings through a virtual

reality headset brought by Philip Kelton and Tom Ryan.

David Saladino asked about the color incongruity in the plans. Tom Ryan explained that the errors will be corrected.

Tom Ryan noted that mostly brick, and not the white paint, will be visible from the highway. The greatest change is

within the town green.

Scott Rieley asked about roof color. Tom Ryan clarified that it is currently green and will be a steel grey.

David Saladino asked about nationwide trends for retail facades. Tom Ryan explained the trend is for brighter, bolder

developments that attracts retailers and shoppers alike. He noted that Cypress Equities purchases depressed shopping

centers and reinvigorates them.

David Saladino asked about the pavilion shape. Tom Ryan clarified that they will go with the long and narrow option,

reminiscent of a New England covered bridge.

Scott Rieley noted that the yellow awning on the virtual depiction is much brighter than the more orange tone on the

posters and print outs. He emphasized the role of the HAAC, while also recognizing the challenge of retail trends.

Scott Rieley does not think the paint treatment reflects the build quality of Maple Tree Place or the bylaw rules about

context to the build environment.

of 18

Graham Tidman, landscape architect, gave an overview of the landscaping plan. He noted that new site features will

keep the traditional cross-axis sidewalks as a framework. A hub will be created in the SW corner with a seating wall,

lawn terraces that face the amphitheater. There will also be fire pit features.

Hannah Loope, landscape architect, emphasized the outdoor seating and gathering areas for patrons and families, or for

use as an outdoor market.

David Saladino asked for clarification on the correct landscaping plan, board was presented with 2 versions. Paul

O’Leary noted that the plan depends on the type of skating rink. O’Leary noted that a portable rink will allow for less

hardscaping in the summer, but a permanent rink allow for better skating conditions and the spray park.

Scott Rieley prefers a permanent rink because a portable rink could go away if cost margins falter. Tom Ryan

responded that Cypress Equities feels confident in their ability to maintain the rink.

David Saladino asked about standard rink dimensions. Hannah Loope explained this rink will be about 40’ x 80’.

David Saladino asked about missing crosswalks. Paul O’Leary agreed to include those crosswalks in the plan.

David Saladino asked about fire pits locations. Tom Ryan explained they would allow patrons to view the town green

from the pathway near Christmas Tree Shops.

Tom Ryan questioned the HAAC’s justifications for their recommendation. He emphasized their goal to reinvigorate

Maple Tree Place and make it better than surrounding shopping centers.

There were no further comments or questions from the board or audience.

8:23 PM Closed public hearing for DP 10 – 35

STAFF REPORT

Williston Development Review Board (DRB) Staff Report

Application Stage: Discretionary Permit Hearing Date: May 23, 2017

Application No: DP 10-35 AMD #2 Project Name: Maple Tree Place

Property Address: Maple Tree Place Zoning District: Taft Corners Zoning District (TCZD).

Tax Parcel #: 08:103.002.000 Existing Lot Size: 63.94 Acres

Staff Note: this is a proposal for a fairly extensive re-working of the Maple Tree Place mixed-use development. The

proposal has been modified following the first review by the DRB on April 25. There are three new plan sets for the

board to consider, marked “Civil,” “Overall,” and “Color” by the staff.

The total amount of parking spaces has decreased slightly, some nonconforming parking spaces are now proposed

to be removed, the bicycle parking has been altered, additional public restroom facilities have been proposed near

of 18

the green, and the color scheme for the buildings has been modified. This staff report contains draft findings,

conclusions and conditions and a motion for approval, with some alternative conditions for the DRB to consider

related to the color scheme proposed by the applicant.

Overview

This is a request for a discretionary permit to make changes to the Maple Tree Place mixed-use development. The

proposed changes include painting building facades and adding awnings, constructing additional parking and bicycle

parking spaces, and changing the central green within the project to include a skating rink/splash pad and an equipment

rental structure.

Maple Tree Place is located on the southeast corner of Williston Road (US2) and Vermont Route 2A in the Taft

Corners Zoning District (TCZD). The subject property is currently developed with a mix of uses, including residential,

commercial, and retail uses. The applicant’s proposed changes are all within the “central core” of the project, contained

by US 2 to the north, VT2A to the west, and Maple Tree Place (the street) to the east and south.

of 18

Project History:

This project was reviewed as a pre-application on January 24, 2017. The DRB’s adopted recommendations and the

applicant’s responses in their discretionary permit filing are as follows:

Pre-Application Recommendation Applicant’s Response

1. Any application for a discretionary permit

for changes to Maple tree Place must meet

all of the requirements on the Discretionary

Permit Checklist.

The application meets the requirements of the

checklist. With the exception that the applicant has

not provided a draft development agreement. Staff

recommends requiring a Development Agreement

prepared for signature as part of the submission of

final plans.

2. The applicants must submit a shared a

parking study meeting the requirements of

WDB 14.2.2 as part of any discretionary

permit application to add additional parking

to Maple Tree Place.

The applicants have submitted a shared parking

study meeting the requirements of WDB 14.2.2.

3. The applicants must submit an application

to amend the master sign plan for Maple

Tree Place as part of any discretionary

permit that changes the “sign bands” on the

facades of the buildings on the site.

The applicants have opted to resubmit the existing

Master Sign Plan as part of their application with no

changes to allowed sign sizes or locations.

The applicants have submitted a rendering of added

“blade” signage under some of the building

canopies but have acknowledged in their narrative

that these signs can only be added after an

amendment to the approved master sign plan is

applied for and approved by the DRB.

4. All exterior changes to the site and

buildings are subject to the requirements of

WDB 22, Design Review and must be

reviewed by the Historic and Architectural

Advisory Committee (HAAC) prior to

discretionary permit review by the DRB.

The exterior changes as proposed have been

reviewed by the HAAC as part of both the pre-

application and discretionary permit stage of

review. The HAAC expressed some concerns about

the possibility that additional parking could

preclude the construction of future planned

buildings on the site, and has also recommended

against any approval to apply paint to brick surfaces

within Maple Tree Place.

5. All proposed improvements and utility

connections must meet the requirements

and specifications of the DPW.

Public Works has communicated that their issues

with the project have been satisfied by the

applicants.

The DRB reviewed this proposal as a discretionary permit application on April 25, 2017. At that meeting, the DRB

offered the following comments to the applicant related to the proposal. Those comments and the applicant’s

response to them in the revised plan set are summarized below:

April 25, 2017 Discussion Item Applicant’s Response for the May 23, 2017

1. Parking

The applicant has submitted a revised vehicle

parking plan and calculations. Staff and the

applicant are in agreement on the parking demand

and allowed and required parking reductions. Staff

recommends that the parking as proposed can be

approved in compliance with WDB 14.

of 18

Revised parking plans and calculations can be found

in the plan set marked “”Civil” by the staff.

2. Parking in the right-of way Some of the existing parking spaces adjacent to

intersections with Maple Tree Place block lines of

sight to the street when they are occupied by cars. In

accordance with the discussion of this at the April

25 DRB hearing, the applicant has proposed

removing some of these existing spaces.

3. Bicycle Parking The plan set has been updated to specify “inverted

U” type racks as recommended by staff.

4. Restrooms

The applicant has proposed a restroom facility in

unit 49A of the “Christmas Tree Shops” building,

with entrances facing the pedway across from the

former Mexicali restaurant site. This is shown on

sheet LOD-49A in the plan set marked “Overall” by

the staff.

5. Landscaping

The applicant has agreed to not use Bradford Pear

trees as discussed on 4/25

6. Sign Band The applicant plan set shows façade changes to

accommodate signage, but does not update the

existing approved Master sign Plan. The DRB

discussed whether their master sign plan should be

updated as part of the façade changes at their 4/25

hearing.

7. Building Color The applicant has submitted a revised color plan.

This is shown in the plan set marked “color” by the

staff. Of note, the proposed color for the roofs is

now gray rather than red and additional color

changes are proposed on the brick facades.

The original Maple Tree Place project was approved in the early 2000’s following a legal settlement between the

Town of Williston and the developers of the project, Starwood Ceruzzi. In more recent history, changes to the

project involving signage, the approval of a master sign plan and an amendment of that plan by the DRB, under DP

10-35 AMD #1. This application is identified as DP 10-35 AMD #2.

Proposed Use:

The property is currently developed with a mix of residential, commercial, and retail uses. The site changes

proposed will accommodate additional vendors on and around the central green.

New Structures and Changes to Existing Structures:

The applicant is proposing to construct a new structure within the “green” on the property as part of a splash pad/ice

skating feature. No other new structures are proposed. The applicant is proposing structural changes to the facades on

the buildings, primarily for the purpose of increasing the size of the “sign bands” on those buildings.

The applicant is also proposing to paint the facades and roofs of most of the buildings surrounding the green. The

proposed paint scheme is white with black and gray accents, with the roof color changing from green to a gray color as

shown on the submitted plans. At pre-application, the DRB and the applicant discussed the proposed color scheme and

the applicant agreed to provide more accurate renderings of the proposed colors. These are included in their

discretionary permit submission.

of 18

New Site Work:

The applicant is proposing new site work to develop additional parking areas in the southeastern and northwestern

portions of the property in areas currently covered with lawn or with existing parking spaces and drive aisles. The

proposed parking area on the northwestern corner of the property, adjacent to the stormwater pond, is partially on lands

controlled by the Town of Williston. The applicant is also proposing site work within the central green to create a

level space for a proposed skating rink, with terracing of the green on the downhill side of the rink to accommodate the

grade change and provide informal seating oriented toward the existing band shell.

Subdivision and/or Boundary Line Adjustment:

No subdivision or boundary line adjustment is proposed. The applicants propose to lease lands owned by the town for

the purpose of developing the northwestern parking area.

Outdoor Lighting:

The applicants have submitted a lighting plan. Staff has reviewed that plan as follows and recommends a finding that

the lighting plan is in compliance with all of the requirements of WDB 24 as follows:

Table 1: Project Compliance with WDB 24, Outdoor Lighting

Applicable Lighting Zone: Other As Required by WDB 24 As Proposed by the Applicant

Any prohibited lighting types per

WDB 24.2.4?

Uplighting (except one flag per

parcel), Laser and Search Lights,

Moving lights, and Mercury

Vapor lights are prohibited.

No prohibited lighting types are

proposed.

Are lighting fixtures fully shielded per

WDB 24.4?

All fixtures must be shielded

except “low lumen lighting” (less

than 1200 lumens/lamp as

provided below:

All proposed fixtures are fully

shielded and downward-facing.

Maximum Total Unshielded Lumen

Output per WDB 24.A

Other: 10,000 lumens/acre 0 lumens/acre

Maximum Total (including shielded

and unshielded fixtures) Lumen Output

per WDB 24.A

Other: 200,000 lumens/acre 53,000 lumens/acre

Parking Lot Illumination Level per

WDB 24.B

Other: 1.2 footcandles 1.0 footcandles

Maximum Uniformity Ratio per WDB

24.B

Other: 20:1 19.5:1

Maximum Illumination of any Point

per WDB 24.B

Other: 5.2 footcandles 4.7 footcandles

Light Timing Per WDB 24.5.4, all outdoor

lighting including sign lighting

must be turned off 30 minutes

after the close of business and

may be turned on 30 minutes

prior to the opening of the

business.

Parking lot lighting must be

reduced by 75% but to a level no

less than .2 footcandles at grade

30 minutes after the close of

business and may be fully turned

on 30 minutes prior to the

opening of the business.

Parking lot lighting is proposed

to dim and brighten

automatically with both hours of

business and motion detection in

compliance with this

requirement.

of 18

Luminaire Orientation Per WDB 24.6:

1. Light cannot be directed

above horizontal plane.

2. Flood lights may be

aimed no more than 45

degrees above horizontal.

3. No light may be directed

beyond the parcel

boundaries of the site.

Lights are all proposed to be

downward-facing. No flood

lights are proposed and the

lighting plan shows no light

trespass onto adjacent parcels of

land.

Setbacks and Landscaping

The subject property is currently landscaped with a “street tree” standard around much of its perimeter. The new

proposed development is all interior to that perimeter. Staff recommends a condition of approval that a “street tree”

section be added in the greenbelt between any new parking areas and the streets they face, particularly Connor Way

and Boxwood Street.

Parking Lot Landscaping:

Per WDB 23.5, the proposed parking lots require additional landscaping to be shown. WDB 23.5 encourages the use of

deciduous trees within parking islands to provide shade over parking areas. The applicants have provided a landscaping

plan showing shade trees

Outdoor Storage

The applicant is not proposing outdoor storage.

Wetlands, Waterways, and Conservation Areas

No wetland or watershed protection buffer impacts are proposed as part of this project.

Traffic

No changes in use or intensification of use is proposed as part of this application, other than the skating area/splashpad

and vendor areas on the green. The DRB did not recommend a traffic study as part of discretionary permit review. The

Zoning Administrator may determine a traffic impact fee pursuant to the requirements of WDB 45 at the time the

applicants apply to construct this portion of the project.

Parking

There are a number of parking spaces at Maple Tree Place that extend into the right-of way of Maple Tree Place (the

street) which are nonconforming (parking under WDB 41 today must meet setbacks). Some of these spaces adjacent

to intersections with Maple Tree Place block lines of sight to the street when they are occupied by cars. In

accordance with the discussion of this at the April 25 DRB hearing, the applicant has proposed removing some of

these existing spaces.

Parking requirements in Williston are typically expressed in WDB 14.A as both a minimum and a maximum. This

number may then be either increased or reduced through various means allowed in WDB 14. These include the use

of transit, shared parking, the use of pervious pavement, and others.

Following pre-application review, the applicant has provided updated parking calculations and a shared parking

study for the “core area” of the site. The “core area” excludes the Dick’s/Staples/Old Navy buildings, the Shaw’s

supermarket, and the residential component of the site. Based on the applicant’s shared parking analysis, this “core”

generates a peak demand for 1,477 parking spaces before transit is accounted for. There are currently 1,058 parking

spaces serving this “core area”

of 18

Table 2: Current and Proposed Parking at Maple Tree “Core Area” and Requirements of WDB 14

Current

Total

Parking

Spaces

Proposed

additional

Parking

Spaces

Total Proposed Parking Spaces

1058 144 1,202

Parking Compliance Summary:

Parking as proposed on the site will bring the site into compliance with the requirements of WDB 14. The applicant has

prepared a table showing the parking demand for the “core area of the site, including both the 20% transit reduction

allowed by WDB 14 as well as the required adjustment for shared parking. This results in a peak demand for 1477

spaces in the “core area.”

ADA parking spaces:

The current number of proposed ADA spaces is 68, which is below the 130 required by WDB 14. The DRB has broad

flexibility in determining the required number of ADA spaces, down the minimum federal requirements. Staff

recommends on such a large site that the DRB allow ADA parking to be reduced to the federal requirements.

Outdoor Bicycle Parking;

The applicants have proposed additional bicycle racks on the site as well as the relocation of existing racks. At the

4/25 hearing, staff recommended that no new “comb” or “grid” type racks be installed and that the proposed “wave”

type racks be substituted with “ring and post” or “inverted U” type racks. These two types of racks are the most likely

to meet the requirements of WDB 14.8.3, which requires that short-term bicycle parking is securely anchored to the

ground and allows the bicycle frame and one wheel to be securely locked with a U-lock. The applicants have proposed

using “inverted U” racks instead of “wave racks.” There is one reference to “wave” racks on the page marked “Bike

Rack Exhibit” in the plan set marked “overall” by staff.

The applicants are still proposing new “grid” racks in some locations. The DRB should consider whether any of these

can be installed or if some of the proposed “grid” racks racks in prime locations (on the green) should be “inverted U”

or “ring and post” designs.

Long-term bicycle parking:

The applicant is proposing long-term bicycle storage in a number of locations on the site in compliance with WDB 14.

End-of-trip facilities

The applicant is proposing a centralized end-of trip facility for the site, the first of its kind in Williston. This is in

compliance with the requirements of WDB 14.

Signs: The applicant is proposing changes to numerous building facades in part to expand the size of the “sign bands” on the

buildings. The applicant has also shown a concept for adding “blade signs” to the covered pedestrian walks. The

applicant has resubmitted the additional master sign plan but has not proposed to amend it at this time. The master sign

plan will have to be amended and approved by the DRB before the additional blade signs or any other signs can be

permitted.

Stormwater

No changes to stormwater treatment are proposed on the site.

Water & Wastewater

No changes to water and wastewater treatment are proposed as part of this application.

of 18

Utilities

The site plan shows existing and proposed utilities. Comments from Public Works at the pre-application stage of

review indicate that the any proposed utilities must be in compliance with Public Works Standards. Water connection

and application fees apply.

The staff has also communicated verbally with Williston Fire Department staff who have advised that their concerns

are limited to ensuring that building entrances and utilities on the proposed new building are labeled in compliance

with their standards.

Solid Waste

No changes to the way solid waste is handled on the site are proposed.

Building Elevations and Floor plan

This project is subject to design review. The applicant has submitted elevations showing the façade changes and new

building colors. The proposed changes to the existing buildings and new building design were reviewed by the historic

and Architectural Advisory Committee (HAAC) at their meeting of April 7, 2017. The HAAC makes the following

recommendations to the DRB:

1. The proposed paint treatment and colors do not reflect the build quality of the buildings where they are

proposed. The HAAC references WDB 22.3.1 below and recommends that painting the brick surfaces at

Maple Tree Place is not in keeping with this bylaw requirement:

22.3.1 Respect the Context. The choice of building form, colors, and materials should be compatible with the

surrounding landscape and built environment. It is especially important that the bulk and proportions (height,

width, depth) not be a radical departure from the context, except in redeveloping areas where larger buildings

are consistent with the Town Plan or an applicable specific plan.

2. Do not use Bradford Pears in the landscaping due to their invasive nature and short lifespan.

3. Explore diagonal parking to save additional green space in the proposed parking area off Maple Tree Place.

4. Do not add parking areas that will preclude future development of approved building sites within Maple Tree

Place.

5. Consider pervious pavement on the concrete area surrounding the skating rink and to mitigate the addition of

this impervious surface to the site.

The DRB also has received correspondence (attached) from Ginger Morton, a Williston resident, urging the board to

not approve the proposed painting of the buildings.

Recommended Action

Staff recommends the DRB approve the discretionary permit review with the following draft findings of fact,

conclusions of law, and conditions of approval:

Findings of Fact

1. The subject property is located on the southeast corner of Williston Road (US2) and Vermont Route 2A in the

Taft Corners Zoning District (TCZD).

2. The applicant proposes to make changes to the property to enhance the existing retail and commercial office

Use. No changes of use are proposed.

3. The applicant has proposed to paint the brick facades of most of the buildings surrounding the central green.

of 18

4. The applicant has proposed to add awnings to existing windows on the buildings surrounding the central green.

5. The applicant has proposed to expand the vertical size of the “sign bands” on the buildings surrounding the

central green.

6. The applicant has proposed adding a skating rink and splashpad to the central green, along with areas for

temporary vendors, fire features, benches, landscaping, and appurtenances.

7. The applicant has proposed an addition 144 vehicle parking spaces as well as additional bicycle parking racks,

long-term bicycle storage, and commuter end-of-trip facilities.

8. The applicant has proposed a lighting plan in compliance with the requirements of WDB 24.

9. The applicant has proposed additional parking lot landscaping in compliance with the requirements of WDB

23.

Conclusions of Law

1. The uses proposed as part of this discretionary permit are allowable uses in the TCZD.

2. The proposed painting of the brick facades of the buildings on site is/is not in compliance with WDB 22.3

3. The proposed development (with the exception of #2 above) can meet the development standards of WDB

Chapter 41 for the TCZD as well as all other applicable sections of the WDB if the proposed development

meets the conditions of approval listed below.

Conditions of Approval

1. The painting of brick surfaces is approved.

2. The applicant shall revise the final plans to show a “street tree” section to be added between proposed parking

areas and public or private streets.

3. Final plans shall include “inverted U” or “ring and post” type racks where new “comb” style racks are

proposed in the discretionary permit. Applicant shall work with Planning and Zoning Staff to determine

final rack locations.

4. The applicants shall file final plans for approval and signature by the DRB or Administrator as delegated

within one year from the date of the notice of determination of the decision of the DRB, or this approval shall

be considered null and void as required by WDB 6.9.1. All development of the subject property shall be in

conformance with the Final Plans approved by this permit unless otherwise authorized by the DRB, as

specified under WDB 6.10.

5. In accordance with WDB 6.7.4, discretionary permits approved for non-residential development shall have one

year from the date the final plans are signed to obtain administrative permits in accordance with the provisions

of WDB Chapter 5, or the discretionary permit approval shall expire.

6. Final plans shall be in conformance with all of the WDB requirements and standards, and conditions of

approval as required by the DRB. The final plans shall include the following items and revisions:

of 18

a. Do not use Bradford Pears in the landscaping due to their invasive nature and short lifespan.

b. Plan changes in response to Williston Public Works Department communications and a written

response to the department outlining the changes that were made in response to their comments. The

applicant must obtain a signature from department staff on the final plans checklist before submitting

final plans to the planning staff or DRB for review

c. Plan details showing compliance with all of the requirements of the Williston Fire Department Plan

Review guidelines, including labeling of building entrances and utilities in compliance with those

requirements.

7. Applicant shall provide cut sheets for all proposed lighting. All exterior lighting shall utilize full cut off

fixtures and shall be in compliance with the lighting level requirements of WBD Chapter 24.

8. Applicant shall provide landscaping plans for all area of the site proposed for redevelopment. All

landscaping, including street trees, shall be in compliance with the standards of WDB Chapters 23 and 26, and

the Williston Public Works Standard Specifications, and these landscaping details shall be included in the

landscaping plan submitted as part of Final Plans.

9. Vehicular and bicycle parking shall be provided as required by WDB Chapter 14 and indicated on the site plan

approved by the DRB. A parking table describing the number of parking spaces, including both vehicular and

bicycle parking, and the calculation of how the proposed parking meets the requirements of WDB Chapter 14

shall be included on the site plan submitted for Final Plans.

10. An agreement for the use of shared parking between properties shall be subject to the approval of the DRB,

and easement agreements shall be submitted to the town staff and shall be subject to the approval of the town’s

attorney for any parking to be shared by the tenants of multiple properties prior to the signing of final plans.

11. All required legal documents, such as easement agreements, offers of dedication of land, warrantee deeds, and

development agreements shall be submitted as applicable shall be submitted with the submission of Final

Plans.

12. Following the signing of final plans, the applicants shall first obtain an administrative permit(s) prior to

starting any work proposed as part of this project.

13. The applicants shall enter into a development agreement with the town, and shall post any required letters of

credit or escrow amounts insuring that all required public or private improvements shall be completed in

accordance with town standards and the conditions of approval prior to obtaining any Administrative Permits

for the proposed development, as specified by WDB 7.1.

14. Prior to obtaining any administrative permits associated with this development proposal, the applicant shall

provide full payment of any required impact fees as specified under WDB Chapter 45.

15. Prior to obtaining any administrative permits for this development proposal, the applicant shall obtain any

necessary sewer allocation for the proposed development and shall provide documentation of allocation with

their permit application.

16. No occupancy or use of any proposed buildings shall take place until a certificate of compliance has been

issued signifying that all conditions of any required permits from the Town have been satisfied. Verification

that the Williston Fire Department’s requirements have been satisfied shall also be required prior to the

issuance of a certificate of compliance.

of 18

17. Any signage proposed for this proposed development, including prospective future tenant(s), shall be in

conformance with the size, location, and lighting requirements of an approved master sign plan as required by

WDB Chapter 25. The master sign plan shall include a table indicating the size, location and sign type of all

proposed signage as approved by the DRB.

18. All mechanical equipment and utility connections including but not limited to HVAC, water, gas, antennae,

and electrical meters and connections shall be fully screened from public view, unless otherwise authorized by

the DRB, as required by WDB 18.12.

19. There shall be no mowing, or application of lawn chemicals including fertilizers, herbicides and pesticides, or

storage of materials within any watershed protection buffers as specified under WDB 29.9.5.

20. Any public improvements required by the approval of this proposed development (including, but not limited to

roads, sidewalks, water & sewer connections) must be built in accordance with the Town's specifications as

specified by WDB 7.1.3.

21. The applicant shall obtain any and all required permits and authorizations as required by either the State of

Vermont or the U.S. Army Corps of Engineers prior to commencing any work in association with this project

as specified by WDB 1.3.1, and shall provide documentation of any applicable state or federal permits.

22. This approval incorporates by reference all application forms and checklists, the plans and drawings presented

by the applicant, and all verbal representations made by the applicant at the Development Review Board

meetings and hearings regarding the subject application to the extent that they are not in conflict with other

conditions or regulations WDB 1.3.4.

23. Applicant shall provide at least three color samples for the awnings. Options that are less bold are

encouraged.

24. The ice rink shall be permanent.

25. Applicant shall provide a complete, finalized set of plans to be approved by the Development Review

Board.

26. Applicant shall stripe crosswalks at all 4 corners of the Sycamore Street and Walnut Street intersection.

MOTION

As authorized by WDB 6.6.3, I David Saladino, move that the Williston Development Review

Board, having reviewed the application submitted and all accompanying materials, including the

recommendations of the town’s staff and the advisory boards required to comment on this

application by the Williston Development Bylaw, and having heard and duly considered the

testimony presented at the public hearing of April 25, 2017 and May 23, 2017, and the Findings

of Fact and Conclusions of Law proposed by staff for the review of the DP 10-35 AMD #2, and

approve this Discretionary Permit subject to conditions above.

SECONDED by: John Hemmelgarn VOTE: 4 AYES – 1 NAY

Brian Jennings voted nay.

7:22 P.M. Closed public hearing for DP 10 – 35

of 18

8:25 PM Opened the public hearing for DP 17 – 21

DP 17 – 21: Allen Brook Partners requests a Master Sign Plan discretionary permit for 8031 Williston

Road in the Village Zoning District (VZD).

Representing the application: Yana Walder of Allen Brook Partners

Matt Boulanger gave the staff report and explained the request.

Yana Walder stated that their sign maker based design on a similar sign he created down the street.

Matt Boulanger explained that the design is typical for village.

David Saladino asked about the background. Yana Walder confirmed that is a white background with black text.

There were no further comments or questions from the board or audience.


STAFF NOTES

Williston Development Review Board – May 23, 2017

Staff Notes- DP 17-21 – Lake Point Property Management

Application No: DP 17-21 Name: 8031 Williston Road Master Sign Plan

Tax Parcel #: 14:104:154 Property Address: 8031 Williston Road

Zoning District: Village Zoning District, (VZD)

Overview:

This is a request for a discretionary permit for a new master sign plan at 8031 Williston Road in the VZD and in the

Williston Village Historic District. The applicant is proposing to add new signage to the site, including a freestanding

sign and a wall sign.

Master Sign Plan:

WDB 25.5 provides a mechanism by which a commercial site may gain approval for a master sign plan from the DRB.

Master sign plans are required in Williston:

for a new or existing commercial building that will or could have multiple tenants,

for a type of sign that can only permitted under a master sign plan, such as awnings,

For a greater number of signs or for signs that are larger in size than are allowed by WDB 25.A

In this case, a master sign plan is required because:

the site contains or could contain multiple commercial tenants.

New signs in the VZD require the approval of a discretionary permit.

This application should also be considered an amendment to HP 16-04 and DP 10-27. Prior development of the site

including the conversion of the historic house on the subject property from residential to commercial and the

of 18

construction of two single-family dwellings on the site to commercial was permitted under DP 10-27 and HP 16-04.

This project was reviewed by the Williston HAAC at their meeting of May 1, 2017. The minutes of that meeting are

attached to these staff notes. The HAAC did not adopt any specific recommendations.

Project History

The DRB adopted recommendations at the pre-application phase of review on June 8, 2010.

The DRB approved a discretionary permit and a Certificate of Appropriateness for the project on July 26,

2011.

The Administrator approved final plans for the project on September 21, 2011.

Construction of the first of two proposed dwellings in the property was approved on September 21, 2011 under

AP 12-0049.

Construction of the foundation for the second proposed dwelling unit was approved on November 23, 2011.

A change to the proposed design of the second dwelling was approved by the DRB on January 10, 2017 under

DP 10-27 and HP 16-04.

Proposed Signs:

The applicant is proposing wall and freestanding signs, as follows:

Proposed and Existing Signs, 8031 Williston Road Master Sign Plan

Sign Type Existing or Proposed

Designation on Site Plan

Maximum Allowable Size Without A Master Sign Plan

Proposed Maximum Size, square feet

Wall Proposed W-1 24 square feet 10

Total Wall Signs:

Freestanding Proposed FS-2 16 square feet 13

Total of Freestanding Signs:

Total of All Existing and Proposed Sign Area: 23

The applicant’s submittal shows the freestanding sign at 16.7 square feet, but this calculation includes the building

numbers, which are regulated separately in WDB 25.A and are not required to be counted toward the maximum sign

area. Staff has calculated the area of the remainder of the copy and it’s background as 13 square feet and has used that

number in determining compliance with the bylaw.

Calculating Signage under a Master Sign Plan

WDB 25 allows a maximum potential amount of allowable signage in the VZD under a master sign plan at 5% of the

area of the street facing elevation of the building on the site. The applicant’s proposal compares to that maximum as

follows:

Area of the Street-Facing Building Elevation: 460

Percentage of Building Elevation: 5%

Maximum Potential Sign Area Allowed 23

Proposed Sign Area 23

Frontage Calculation:

The frontage of the building facing Williston Road was used to make this calculation. As with the total freestanding

sign size, the building numbers and their background are not counted against the 5% maximum.

of 18

Sign Types not Proposed: No additional signs are proposed or could be approved on this site within the 5% of façade maximum area allowed.

Nonconforming Signs:

There are no existing signs on this site.

Special Findings:

No special findings are required for the DRB to approve this master sign plan.

Findings of Fact:

1. The applicant proposes to add new signage at 8031 Williston Road, including a freestanding sign and a wall

sign.

Conclusions of Law:

1. A master sign plan is required for any new signage to be installed at 8031 Williston Road, including new signs

proposed as a part of this application.

2. The applicant’s master sign plan, as proposed, complies with all of the requirements of WDB 25-Signs and

Public Art.

3. The applicant’s master sign plan, as proposed, may be approved in accordance with WDB 25 subject to the

following conditions:

Conditions of Approval:

1. Final plans must be filed within one year of the date of the notice of decision of this approval or it becomes

void.

2. This approval authorizes the applicant to file final plans and to pursue administrative permits based on those

final plans to install the following signs.

3. The signs listed in the following table are the only signs authorized for the subject property, and no other

signage can be placed on the site without the express approval by the DRB of an amendment to this master

sign plan.

Proposed and Existing Signs, 8031 Williston Road Master Sign Plan

Sign Type Existing or Approved

Designation on Site Plan

Maximum Allowable Size Without A Master Sign Plan

Proposed Maximum Size, square feet

Wall Approved W-1 24 square feet 10

Total Wall Signs:

Freestanding Approved FS-2 16 square feet 13

Total of Freestanding Signs:

Total of All Existing and Approved Sign Area: 23

of 18

4. Final plans must show all existing and proposed sign locations in plan and elevation view and must include a

table of approved sign locations and dimensions, sorted by sign type.

5. Prior to installing any signs or beginning any work, the applicant shall obtain administrative permits, which

may only be issued following the approval of final plans.

6. The base of the proposed permanent freestanding sign(s) must be landscaped with perennial and/or annual

plantings as required by WDB 25.7.2.1. Landscaping to meet this requirement must be shown on the final

plans.

MOTION

As authorized by WDB 6.6.3, I, Brian Jennings, move that the Williston Development Review

Board, having reviewed the application materials submitted and all accompanying materials,

including the recommendations of the town’s staff and the advisory boards required to

comment on this application by the Williston Unified Development Bylaw, and having heard

and duly considered the testimony presented at the public hearing of May 23, 2017, accept the

findings of fact, conclusions of law and conditions of approval proposed by staff for the review

of DP 17-21 and approve this discretionary permit for a master sign plan.

This approval authorizes the applicant to submit final plans, obtain approval of these plans

from staff, and then seek an Administrative Permit for future development, which must

proceed in strict conformance with the plans on which this approval is based.

SECONDED by: David Turner VOTE: 5-0 AYES


9:26 PM Out of Deliberations

IV. Communication, Final Plans and Other Business

IV. Minutes from May 9, 2017 DRB meeting

I, David turner, make the motion to approve the minutes of May 9, 2017, as written.

Seconded by: Brian Jennings VOTE: 5-0 AYES

V. Adjournment

9:31 PM Scott Rieley made the motion to adjourn.

VOTE: 5-0 AYES 9:31P.M. Meeting was adjourned.

For further information, please call the Planning & Zoning offices at 878-6704 or visit the offices in the Annex

at 7878 Williston Road.