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PLANNING COMMISSION MEETING

TOWN OF NEW HAVEN

March 4, 2004

The regular monthly meeting of the New Haven Planning Commission was held on March 4, 2004 and started at 7:04 p.m.  The following members were present; George Merritt, Jim Walsh, Art Sherman, John Evers and Keith Hall.  The meeting was called to order by Chairman, Gary Baker.  The following attended:  Anthony Duprey, John Madden, Eugene Charlebois, Peter Norris, Sr., Delores Norris and Bill Shafer.

Bill Shafer wishes to upgrade his farm stand on Ethan Allen Highway and change the use to a pizza and ice cream retail operation with pizza delivery option.  This change qualifies as a restaurant in the Highway Commercial District, but also needs Planning Commission approval, because it is a change in use.  Gary Baker had a discussion with Paul Sandy regarding the well and Paul stated the well is not cased, because he was going to water the flowers only with it.  Gary has concerns with wastewater discharge and the well not being cased.  Bill Schafer stated the well is cased and it is not our jurisdiction.  He will be obtaining a water discharge permit.  Bill Shafer brought a sketch plan of what he would like to do and he needs a Change of Use Permit and a Certificate of Occupancy Permit.  Gary Baker expressed concern about the delivery of the pizza and the traffic/speed of the drivers.  Bill said he wanted to give younger people in town a chance at employment, but would not tolerate reckless or speedy drivers.  Keith Hall made a motion, seconded by Allen Karnatz to grant the Change of Use Permit, all approved; no opposition.

                Eugene Charlebois wishes to subdivide a parcel of land on Route 7.  This is a continuation of the final plat hearing for a major subdivision. SUB 01-0.  Anthony Duprey brought copies of the two letters from Bob Haslam and the one from Jeff Kelley that addresses the well issue.  The Planning Commission reviewed the letters and Anthony said the letters should answer the questions we had and satisfy us.  After speaking with the Engineer, Eugene Charlebois has retracted his offer to drill a test well.  Eugene wants an expert to advise him where the well and wastewater should go.  Keith Hall spoke to Jim Ouimette and according to Jim, if we approved the subdivision, the landowners should be told of the water problem.  Eugene plans on complete exposure of the water issue to any potential buyers of the land.  Jim Walsh asked about the Petroleum Clean Up Fund and Anthony Duprey stated they clean up everything, including third parties that are involved.  George Merritt feels a State Representative should come down and tell us what they can do, not what they could do in the event a clean up be necessary.  John Evers asked about total disclosure and if Anthony and Eugene would be willing to put into writing the water contamination problem.  He clarified the perspective buyers will be given full disclosure of the water issue, so the Planning Commission will not be involved and thus leading to the possibility of being sued.  Anthony and Eugene said they would be willing to do this and a disclosure statement was created and agreed to.  The disclosure statement shall include the following:  as a condition of the permit, potential purchasers of lots in the subdivision slate be informed in writing of the contamination of the water supply of near properties located to the North by petroleum contaminates from the former New Haven Mobil property SMS Site# 92-1251.  As part of the disclosure, they will be given copies of the two Bob Haslam letters and the one Jeff Kelley letter.  Anthony says Bob Haslam and the well drillers will be in contact with each other to create a proper well.  John Evers asked what we require for proof of potable water and was told, we don’t.  We are looking for this disclosure to help with the issue.  The only other way would be to do a test well.  Eugene stated his intention is to sell the lots for other people to develop.  According to Eugene, the State of Vermont doesn’t want him to drill the wells.  Anthony says that all the issues we have had, has been dealt with extensively through Eugene.  In addition, Anthony feels the Planning Commission has satisfied “acted in good faith” and “due diligents” as a board.  John Madden raised the concern of the traffic issue and safety.  Keith Hall made a motion, seconded by John Evers to approve the Eugene Charlebois Subdivision 01-0 with the disclosure statement agreement, all approved; no opposition, Allen Karnatz abstained.  Gary Baker signed both Mylars.

Closed the Public Hearing at 8:40pm and opened the Planning Commission meeting.

Peter and Delores Norris, Sr. wanted to show us their thoughts on a potential lot creation.  They want to create some lots, which will include commercial buildings located along Route 7, adjacent to Green Haven Gardens.  The total of 39 acres; 28 acres zoned commercial and 10 acres residential will be part of the creation.  This will be a two-phase process, which will consist of commercial buildings and the back lots will be a residential area.  There will be no road frontage required and that is a plus for Greenbelt beauty.  The septic would not allow no more than 15 people per business, based on an 8-hour day, 5-day a week shift.

Keith Hall handed out a packet of information from the Vermont Environmental Court dated February 19, 2004 regarding an Appeal of the Boise Subdivision.

The February 5, 2004 and February 12, 2004 meeting minutes were reviewed, approved and signed. 

Gary Baker submitted a letter, which stated effective 4/1/04 he will be resigning from the Planning Commission.   

George Merritt made a motion, seconded by Allen Karnatz that the Planning Commission unanimously praises Gary Baker for his 20+ years of great service; motion passes by acclamation.

George Merritt nominated Allen Karnatz as Chairman, but Allen declined.  After further discussion, George Merritt made a motion that Allen Karnatz be interim chairman; Allen accepted, seconded by Jim Walsh; all approved, no opposition. 

John Madden handed out a packet of information relating to the Norris Subdivision Application.  There was discussion about the Environmental Court’s findings on the Decision 7/18/2003.  Keith Hall has researched this and he received the decision from the Supreme Court that they will stay with the original decision.  The antenna issue may end up in court one way or another. 

There was a discussion about the Town Plan being voted down and why.  It was mentioned that we have the option of changing of Town Plan or leaving it alone.  It was decided that we leave the issue alone for now and come back to it at a later date.

John Madden stated he has created a town petition for a revision of the Zoning and Subdivision Bylaws.     

Correspondence received:

-         A letter from the State of Vermont, Agency of Natural Resources regarding a public forum to be held on 3/11/04 to learn about basin planning in the Otter Creek Watershed. 

-         A notice of appearance from Town of Winhall Planning Commission regarding Waters of the Green Mountain National Forrest.

-         A memo from the State of Vermont, Agency of Natural Resources regarding ANR to hold public meetings on Use of State Lands for Wind Energy.

Meeting adjourned at 9:30pm on a motion made by Allen Karnatz, seconded by George Merritt, all approved; no opposition.

Gary Baker                                                      John Evers                                            Allen Karnatz                          

Art Sherman                                                     George Merritt                         Jim Walsh