Petition to the Shelburne Selectboard

Regarding the O’Brien Brothers Petition & Pre-development Agreement

We, the undersigned Shelburne residents, while recognizing the need for more housing in Shelburne, object to the way this project is being handled, and ask the Selectboard to:

1.    Not  accept the currently drafted “Pre-Development Agreement” with the O’Brien Brothers.

2.    Do not engage in case-by-case private negotiations with developers regarding sewer service extensions. 

3.    Follow the town plan or amend the town plan to guide future growth in Shelburne.

This petition does not in any way suggest incompetence or corruption” on the part of the Selectboard.

Context:

The Selectboard will soon be voting on whether to accept or deny the petition from O’Brien Brothers developers to (1) extend the Town’s sewer and water service into their 197 acre land parcel, which is currently part of the Town’s Rural Zoning District and is not within the boundaries of the current mapped sewer and water service area (SSA), and (2) rezone the northern portion of the parcel  to allow for construction of five or more dwelling units per acre for each allowed residential use.  Over the last several weeks, a “Pre-Development Agreement” has been created as a result of legal negotiations.  The terms of the agreement were revealed on 7/23 and will be discussed at two forthcoming community forums.  The agreement basically accepts a “Conceptual Plan” for the development presented by O’Brien Brothers to the Selectboard at a May meeting, in return for an extension of the SSA.  Included in the terms of the agreement are:

• Construction of up to 375 housing units – mostly, or completely, on the 110 acres north of Thomas Rd. and south of Irish Hill Rd.  This is roughly three times the number of units in the Kwiniaska Ridge development.
• Commitment to affordable units for 11% of the housing.
• Conservation of 65.5 acres of land south of Thomas Rd.
• Commitment to include a recreation trail between Irish Hill and Thomas roads.

Significant numbers of residents have raised questions and concerns about the implications of this momentous decision, but many of them remain unanswered.

Rationale:  We believe that the current “Pre-Development Agreement” is inadequate in many ways, chief among them:

• The Selectboard has not provided a satisfactory explanation about how this agreement would conform with town plan policies against extending the current sewer service area into the rural zone and discouraging growth in the rural zone.  
• The Selectboard has not provided a comprehensive analysis of how this development would affect the town’s ability to allocate limited wastewater treatment capacity to affordable housing and businesses in other areas of the town.  
• The Selectboard has not consulted with the Planning Commission regarding the request to rezone the property.
• The proposed agreement is vague and does not provide adequate guarantees.