FAIRFAX DEVELOPMENT REVIEW BOARD Wednesday, May 4, 2011

JASON AND ELIZABETH MINOR 2-Lot Subdivision on 48.7 acres located on the north side of the road at 117 Highbridge Rd (Route 104A) (HB0117).

Members Present: C. Rainville, J. Heyer, J. Beers, B. Murphy, M. Casey

Alternates Present: None

Applicant: Jason Minor

Public Present: S. Taylor, ZA

7:45PM: The warning was read, introductions made, and interested persons were sworn in.

J. Beers offered to recuse herself because of a friendship with the applicant but stated she felt she could be objective. Jason Minor agreed for her to remain.

Jason Minor explained to the Board that the Vermont Land Trust releases house sites from easements through a Quit Claim Deed. The Land Trust has released the site. S. Taylor explained that this has not yet been recognized by the Town. There was discussion regarding density calculations. Density was reviewed based on the Land Trust agreement which only allows agricultural construction, not residential and was found to be in compliance. The Board reviewed a copy of the Land Trust agreement with the previous owners which B. Murphy had from an earlier hearing. If Mr. Minor’s Land Trust agreement is the same, then the density requirements for this project are easily met. The Board requested that Mr. Minor bring a copy of his current Land Trust agreement to the next hearing.

(copy in italics are Mr. Minor’s answers to direct questions)

M. Casey asked if there was a perpetual conservation easement on the land with no right to develop it any further. As stated in the Land Trust agreement, any development must be agricultural, educational, or non-commercial recreational only. Is it under Act 250? Yes, the Minors are filing an amendment with the State to change the original Act 250 agreement on 48.7 acres to reflect the new 2.5 acre parcel. Is the septic easement language included in the original Land Trust document? The Land trust has carried this forward. Mr. Minor has asked the Land Trust for a side letter on this.

J. Heyer asked about access to the land. It is currently from behind the B&B but could be accessed from a future Right of Way or from adjacent property.

Survey requirements, per the Fairfax Development Regulations, do not include a property boundary survey. The Minors need only to present a survey of the 2.5 acre lot. Survey needs to be signed with the surveyor’s seal to meet the Town’s requirements.

The Board classified this as a minor subdivision and decided no site visit was needed.

Action items for Final Plat Hearing:

- Mr. Minor to bring a copy of his current Land Trust Agreement.

- Survey of 2.5 acre lot with appropriate signature and seal.

8:35 PM: J. Beers moved to close the hearing; B. Murphy 2nd. All approved.

Respectfully submitted,

Martha Varney, Zoning and Planning Assistant

Approved:________________________________________ Date: ________________, 2011

For the Development Review Board

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These minutes are unofficial until approved at the next regularly scheduled meeting. All motions were unanimously approved unless otherwise indicated.