GENERAL MINUTES

Members Present: J. Heyer, B. Murphy, C. Rainville, S. Jones

Public Present: S. Taylor, ZA

7:00 PM J. Heyer called the meeting to order. The minutes from November 21, 2007 were reviewed. B. Murphy made a motion to approve the general minutes from November 21, 2007 as written. C. Rainville second. J. Heyer, B. Murphy and C. Rainville in favor. B. Murphy made a motion to approve the Dusablon minutes from November 7, 2007 as written. S. Jones second. All in favor. B. Murphy made a motion to approve the Bushey (O&R Realty) minutes from November 21, 2007. C. Rainville second. All in favor.

The Board made a decision not to meet on January 2, 2008. The map and Mylar for the Boissoneault project was reviewed. B. Murphy made a motion to accept the paper map and Mylar for the Boissoneault project. C. Rainville second. All in favor. J. Heyer signed the Mylar. The Board considered the request from John and Marjorie Ellsworth to waive the requirement to survey the full 60 acres of their property. The Board will review their written request, along with a letter from Button Professional Land Surveyors and a memo from the Zoning Administrator. No decision was made yet.

7:15 PM COVI/JONES CONDITIONAL USE AND PRELIMINARY/FINAL PLAT REVIEW

The paper map for the LaRiviere project was reviewed. B. Murphy made a motion to accept the paper map. J. Heyer second. J. Heyer, B. Murphy and S. Jones in favor. The paper map and Mylar for the Clokey/Crawford project was reviewed. The recording date was wrong. S. Taylor called Mr. Clokey and Ms. Crawford.

8:00 PM WHITE/BLOOM PROPERTIES, LLC, SKETCH PLAN

Ms. Crawford changed the date on the paper map and Mylar and initialed the change. C. Rainville made a motion to accept the paper map and Mylar. S. Jones second. All in favor. J. Heyer signed the Mylar.

8:30 PM CASSIDY ESTATES –SKETCH PLAN 2

Association affairs and Covenants were discussed. The Young Act 250 hearing and the status of the project was discussed.

9:45 PM B. Murphy made a motion to adjourn. C. Rainville second. All in favor.

THE NEXT MEETING WILL BE ON JANUARY 16, 2007

Respectfully Submitted,

Cathy Raymond, Planning and Zoning Assistant

Approved: ________________________________ Date: _________________2007

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.

COVI/JONES CONDITIONAL USE REVIEW AND PRELIMINARY/FINAL PLAT REVIEW

DRB Roll Call: J. Heyer, S. Jones, B. Murphy, C. Rainville

Public Present: S. Taylor, Z.A.; M. Williamson; S. Collum; B. Superneau;R. Branon

7:30 PM J. Heyer called the hearing to order. The public notice was read and attendees signed in. Interested parties were sworn in. R. Branon, Engineer, made the presentation. The letter justifying the land locked lot was previously received. B. Murphy asked why a joint driveway could not be between lots 5 and 6. B. Superneau talked about the land contours. There will be underground utilities. Trash collection was discussed. B. Murphy made a motion to close the Conditional Use Review to public input and move to deliberative. S. Jones second. All in favor. B. Murphy made a motion to approve the Preliminary Plat, close the hearing to public input, and move to deliberative. S. Jones second. All in favor.

Exhibits received:

1. Final Plat Preview and Check List by Zoning Administrator.

2. Master Subdivision Plan from R. Branon, revised 05/01/07.

Items needed:

1. Full address of owner of record to be on final paper map and Mylar

2. Language in Deed regarding maintenance of shared road.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2007

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.

WHITE/BLOOM

DRB Roll Call: J. Heyer, S. Jones, B. Murphy, C. Rainville

Public Present: S. Taylor, K. White, S. Collum,

7:30 PM J. Heyer called the hearing to order. The public notice was read and attendees signed in. Interested parties were sworn in. K. White made the presentation. Density calculations and sizing of lots were discussed. B. Murphy asked about the quality of the land and slopes. There is a natural brook on the property.

Both lots 1 and lots 11 are proposed as being designed without septic and water supply shown. C. Rainville asked about emergency turn-arounds. S. Collum asked about the open stream and if a culvert will be needed. It was recommended to the applicant that they obtain information from the State Wetlands Department.

C. Rainville made a motion to approve the Sketch Plan with action items noted. B. Murphy second. The site visit was scheduled during the discussion period for Saturday, January 5, 2008 at 12:30 PM. All in favor.

EXHIBITS RECEIVED:

1. Sketch Plan Preview and Check List by Zoning Administrator.

2. Findings of Fact and Order dated April 26, 2006.

3. Vermont Environmental Court Decision and Order (unsigned), dated April 2, 2004.

ACTION ITEMS:

1. Current road – from Rood Mill Road, to be upgraded to A76 standards.

2. On Plat, show contour lines for all slopes greater than 25’

3. On Plat, show rock out-crops and tree lines

4. Show correct adjoiners on Plat.

5. Determination from State regarding any wetlands or stream crossings.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2007

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.

CASSIDY ESTATES – SKETCH PLAN (2)

DRB Roll Call: J. Heyer, S. Jones, B. Murphy, C. Rainville

Public Present: S. Taylor, J. Caissy, G. Babb, C. Greenough, R. Greenough, J. Beers, G. Beers,

B. Superneau, C. Collins

7:30 PM J. Heyer called the hearing to order. The public notice was read and attendees signed in. Interested parties were sworn in. B. Superneau asked his Attorney, Guy Babb to address the issue of the existing duplex. Mr. Babb talked about the “Vermont Common Ownership Interest Act”. With this form of ownership, a developer can expand and retain development rights. S. Taylor had looked at State Statute 27A. He mentioned the word “lot” on both the Mylar and Deed implies subdivision of property. Mr. Babb talked about the “ownership of property” versus “use of property”. B. Murphy said when the duplex was sold it needed 2 acres for each unit according to the Fairfax Bylaws. J. Beers mentioned the original project that was planned never happened. Mr. Babb mentioned when the PUD project is completed, the common land will be conveyed to the Association. G. Beers mentioned he likes the PUD plan, but he needs more information of how he will be affected personally. They would like to understand the full issue. Since the duplex was sold prior to the PUD plan, the DRB would like to confer with NWRP and VLCT to determine how the Common Ownership Act can work with the Bylaws. C. Greenough said she never talked to B. Superneau and she has concerns on how the new project will affect their interests. J. Beers asked how the Association will function, as they already have a separate Association for the duplex owners. R. Greenbough talked about the septic and the well. G. Beers questioned his taxes and the value of his property. J. Beers asked Mr. Babb about other projects that have a similar Ownership structure. Discussion continued on Common Ownership. B. Murphy made a motion to

recess the hearing to February 6, 2008 at 7:15 PM. S. Jones second. All in favor.

EXHIBITS RECEIVED:

1. Copy of State General Provisions T27A 1-106 regarding Local Ordinances, regulations and building

codes.

2. Copy of “Declaration of Covenants, Easements, Restrictions and Liens for Cassidy Estates, LLC”

3. Copy of “Warranty Deed” dated May 23, 2006 from Cassidy Estates, LLC to G. and J. Beers.

ACTION ITEMS:

1. Duplex owners to obtain information from developer on specifics of how this new project will affect

all aspects of their ownership.

2. Information to be obtained from Northwest Regional Planning and Vermont League of Cities and

Towns to clarify the conflict between the “Vt. Common Ownership Interest Act” and the

requirements of the Town of Fairfax Bylaws and Subdivision Regulations regarding lot sizes of

subdivided land.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2007

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.