Town of New Haven                                                                                                                Back to Home

New Haven Planning Commission Meeting

New Haven Town Hall

DATE:              September 2, 2004

MEMBERS PRESENT:            Allen Karnatz, Tom Boise, Keith Hall, Art Sherman, John Evers,

Don Johnston

GUESTS:         Rita Booska, Isabell Swain, Winston Swain, Allen Swain, James McKnight, Craig Bingham, Terry Ryan, Bill Heffernan, Larry Buck, Milo Schaefer, Kate Lampton, Kevin Brennan, Jim & Nancy Mahan, Gale Watts, Aaron Napoleon, John Madden,

Allen Karnatz, Chairman, opened the meeting at 7:00 PM

Public Hearing:

1)  Bill Hefffernan –Subdivide a lot into two parcels on Daniels Road and Otter Creek Highway.  This is a continuation of Minor Subdivision SUB 01-04.

The Board looked over the Mylar to make sure all items missing from last months meeting were on it.  The pins are now marked on the Mylar and all missing information is now noted on the Mylar.  Don Johnson mentioned the mathematical closure regarding road frontage was the only thing missing.  Allen Karnatz mentioned the Planning Board received a letter (regarding something that was brought up at the last meeting) from John Madden.  John Madden was not present to speak to the letter.  Isabell Swain spoke to the letter for John and mentioned that Winston had been a resident for 80 years; the issue is in regard to the placement of the house on Lot 2.  Keith Hall went to the site and measured.  Placement of the house would have to be more than 100 feet for the roof tip not to be visible, at this distance; the house will be quite visible. Bill Heffernan mentioned that the house is sited and are located to what is required for setback.  Allen Karnatz asked a rhetorical question about how far does the Planning Commission go toward accommodating neighbors and a new house.  John Evers mentioned there are no height restrictions currently in place.  This is something that should be addressed when rewriting the regulations.  Don Johnston asked if septic testing was done lower downhill on the property.  Bill Heffernan said no.  James McKnight lives adjacent to the property, expressed his concerned regarding the subdivision.  These are 2 extremely narrow lots placed side by each.  He does not want to see Daniel's Road turn into a housing development.  The size and shape of lot is open for 1 house, 2 houses make it extremely tight and this would reflect on this his privacy, and privacy for future owners. This subdivision sets up a situation for future noise complaints.  Allen Karnatz asked for any further discussion, motions or denials on this Minor Subdivision.  He asked if there was a strong consensus from Commission members to make this 1 buildable lot.  John Evers mentioned that if the minimal requirements are met, what authority does the Commission have to change this.  Allen Karnatz mentioned John Madden brought up at the last meeting that the development and subdivision will impact scenic features.  Karnatz asked other members if this is an issue the Commission should address.  John Evers mentioned that it was not up to the Planning Board to make up and/or change the rules mid-stream.  Allen Swain asked if Bill Heffernan would consider moving the site down over the hill.  Bill Heffernan said that they would have to go out to the site and look at the septic locations.  The septic designs are currently at the crest of the hill.  James McKnight wondered what the point of having Bylaws if the Board does not have the discretion to act on them.  John Evers mentioned that the Zoning Regulations are a starting point for placing restrictions on development and subdivision.  The Commission must abide by the specific restrictions when making a ruling.  James McKnight mentioned the size and shape of that lot is a concern to him even though the lots meet the requirements.  He hopes that the common sense will prevail in determining the Planning Commission ruling.  He is concerned about the use of his property and the resale of his property and resale of the Swain's property.  Dan Munger asked all the land has to be inhabitable?  No.  John Evers asked what it would take to explore the possibility of an alternative house site.  Bill Heffernan mentioned that this is a concern that should have been raised before this meeting.  Board members mentioned that there are now new concerns with neighbors.  John Evers made a motion to approve the Mylar as presented.  Tom Boise seconded.  Open for discussion.  Tom Boise mentioned if all requirements set forth by the Town of New Haven are met, how can the Planning Commission change it. Rita Booska mentioned consideration should be given to the view and the residences that have been there a long time.  John Madden expressed concerned regarding scenic regulations.  There were no amendments to the motion.  Vote:  Yes 4; No 2 Abstention 0; Passed.

Terry Ryan – subdivide lot on Pearson Road into two lots.  Continuation of Minor subdivision SUB 03-04.

Terry Ryan mentioned that the Mylar was corrected but he did not have the Mylar with him.  The replacement septic has been corrected.  This will be continued next month.

Tim Goyette – No Show.

Betty Goyette – No Show.

 Amos Roleau – No Show.

Greg and Paula West – No Show.  Guests and Board Members discussed whether the West's are actively pursuing this building addition and change of use.  Milo Schaefer asked if there was a window of time before this application expires.  Allen Karnatz indicated no.  Keith Hall will contact the West's to see what they plan on doing with this project and to let them know that he will need any information 15 days prior to any upcoming meeting. When he receives the information, he will warn for the upcoming meeting.  Allen Karnatz motioned that the Planning Commission continue the site plan hearing at the next meeting, Keith Hall will contact the West's and notify them that any plans need to be presented 15 days prior to a warned hearing.  John Evers seconded.  There was no discussion.  Vote:  Yes 6, No 0, Abstention 0.  Passed.

Visitor's Business

a)         Pete Norris  - proposed commercial subdivision on the West side of Route 7.

He owns a 39 acre parcel across from Greenhaven Gardens which extends along Campground Road down to Church of Christ to RR Tracks, to Dog Team Road and up along Route 7.  He wants to subdivide 5 commercial lots ranging in 1.5 to 2 acres in size.  The lots would be served by a road cut that will access onto Dog Team Road and Campground Road. There is also 10 acres set aside for residential.  Since this lot is prime agricultural land, Pete Norris would like to set aside a strip of land along Route 7 and keep this in agriculture, this would appeal to Act 250 ruling.  Don Johnston asked what the set back footage was, 75 feet from centerline of Route 7.  John Madden expressed a traffic concern onto Route 7.  Pete Norris indicated that were 2 parts for development, 1 with the Town of New Haven and 1 with Act 250 (State).  Milo Schaefer asked what Pete Norris' vision was for the future of this development (i.e. what types of buildings, businesses does he envision here).  Pete Norris mentioned small businesses 12-14 employees, real estate, insurances office types, with typical 1 to 2 story building(s).  Milo Schaefer wanted to know it this type of building(s) would interfere with the view to the West.  Kate Lampton suggested that clustering the buildings in one area thus leaving a larger area open for agriculture purposes.  This would also require less infrastructure and consolidate parking.  Larry Buck mentioned that people would tend to stay closest to the access road (away from Route 7).  Don Johnston wanted to know what the set back from the road was if a person does not own the land to Route 7.  Is the setback from the access road instead?  Discussion ended.

b)         Larry Buck - New Haven Community Center

Buck needs clarification if New Haven Community Center is in the Rural Agricultural District (RA-2) or Neighborhood Commercial District.  The map in the Town Clerks office shows the area as RA-2.  A Neighborhood Commercial would be the best designation for this area.  This needs to be addressed by changing the zoning district or getting approval from the ZBA.

c)         Larry Buck – Selectboard Member

In light of the recent flooding, Buck requested that the Planning Commission review driveway plans on new subdivisions with closer attention to the slope of the driveway when it meets the town road.  The driveway should not go directly downhill when it meets the road.  This causes a potential flooding problem.

d)         Jim Mahan – Hallock Road

Has a piece of land on Hallock Road that straddles the Town lines of Waltham and New Haven.  He would like to have a ruling from the Planning Commission on their thoughts if it would be acceptable to have a building site located on the land in New Haven and the septic located on the land in the Town of Waltham. He then would sell the lot as one piece, then it would be the buyers discretion to either subdivide into 5 lots.  Jim Mahan wanted New Haven Planning Commission approval prior to proceeding further with this plan. The Planning Commission saw no problem with this idea.  Jim Mahan would also need to get approval from the Town of Waltham.

8.         Don Johnston made motion to approve the minutes of the August 5, 2004 meeting.  Keith Hall seconded the motion. Vote:  5 Yes, 0 No, 1 Abstention.

9.         Correspondence

Bill Shaffer has obtained approval for his sewer and water systems for the pizza/ice cream business.

River Road Property –Rule sewer system.

VT Power VELCO substation expansion.

10.       New Business

Tracy Jerome has 30 acres of land on Route 7, they want to subdivide lot into one 10 acre and one 20 acre lots.

Ralph Farnsworth – has an antique windmill that stand 30 to 40 feet tall.  Wants to set it up for display proposes only. This request will come under accessory use.   Keith Hall will issue a building permit for the windmill, and permit will indicate that the windmill is "non working".

11.       Old Business

Allen Karnatz indicated the Regional Planning Commission would hold meetings to discuss Act 117 changes.  New Haven will host one of these meetings.  No date has been set yet, but possibly November.

Don Johnston mentioned last week's discussion on the subdivision with the power lines.  Jim Ouimette thinks the decision that the Planning Commission made was the proper decision. As far as a safety issue, the Planning Commission could not get in trouble with that as we were acting in due diligence.  Jim Ouimette will put this in writing.

Susie Roorda is putting together a grant to obtain funds to do landscaping for the Gazebo.

September 30 is the deadline for Municipal Planning Grants.  Allen Karnatz would like to put together a grant to hire someone help redo (writing and leg work) the Town Plan which expires in 2005. Regional Planning has been used in the past.  The Town of Weybridge recommends a firm called Landworks.  Landworks specializes in municipal consulting.

Allen Karnatz made a motion to adjourn the meeting, Art Sherman seconded.  Vote - Yes 6,

 No 0, Abstention 0.  Passed.

12.              Meeting was adjourned at 9:45 PM

Respectfully Submitted by:

Karen Gallott