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New Haven Planning Commission Meeting
New Haven Town Hall
October 7, 2004
Planning Commission (PC) Members:
Present: Allen Karnatz, Tom Boise, Keith Hall, Donald Johnston, James Walsh
Absent: Art Sherman, John Evers
Guests:
Amos Roleau III, Terry Ryan, John Madden, Will Pyle, Alison Ferg, Aaron Napoleon, Tom Wallace, Steve Mattheny, Brandy Saxton, Peter Norris, Sr., Delores Norris, Stuart Maccrellish, Susan Tomasi, Larry Buck, Sara Sparling, Margaret Benn, Kathleen Ready, Natalie Steen
Public Hearing:
1) Amos Roleau Site Review
Amos Roleau wants to tear down the old barn, which is approximately 50 x 70 feet, and rebuild a new structure the same size. Keith Hall mentioned that Amos would need to meet State regulations regarding industry standards. This site is currently zoned commercial and Keith Hall figured that no other information (maps, etc.) are needed, other than the Building Permit. No further discussion.
Keith Hall made the motion "To approve the site plan as presented". Jim Walsh 2nd.
No further discussion.
Vote: yes 5 no 0 abstention 0
Motion Approved.
2) Terry Ryan Subdivision of lot on Pearson Road into two lots. Continuation of Minor Subdivision SUB. 03-04.
Terry Ryan presented the Mylar with corrections. Pins are in. Don Johnston reviewed the Mylar, the location of the replacement septic is now located on the Mylar, making a complete parcel.
Tom Boise made the motion "To accept the Mylar as presented". Don Johnston 2nd.
No further discussion.
Motion Approved.
This concludes the Warned Hearing Section of the meeting, 7:30 PM
Visitor's Business:
A) Denton Lyon Subdivision discussion.
Denton Lyon wants to subdivide his property. Proposal #1 North side of Route 17, 97.4 acres into 5 lots and Proposal #2 South side of Route 17, 73.1 acres into 2 lots. The 1 acre parcel was just access land, not a developable parcel. Tom Boise asked why the 1 acre wasn't combined with the 13 acre lot to make a 14 acre lot. Denton mentioned that there was a swale and wet area and this combination would make it unless land for the 13 acre lot. Route 17 is zoned into 5 acre zoning. Allen Karnatz asked if the road frontage was met for each lot. Road frontage is 400' minimum for a 5 acre lot. The PC can grant a Right-of-Way (ROW) to access an interior lot. Tom Boise mentioned that all lots are over 5 acres, so the road frontage of 400' does not need to be considered. Allen Karnatz mentioned that By Rights Use, if there is 400' of frontage, but a ROW access is needed, the PC could overrule the road frontage to grant the ROW. If a variance was needed for a 50' ROW on an interior lot, it would have to come from the Zoning Board.
Al Karnatz asked about wells and septics and their effects on adjoining properties. Denton mentioned that there is a dug well that supplies two neighbors houses. The well is located in the southwest corner of the 13 acre lot. This may not be an issue, because a neighbor is interested in buying this 13 acre lot. Denton showed PC members the approximate locations of septic and septic replacements for each lot. PC will need to see a site plan with designated septic locations and septic replacements in upcoming hearings.
Don Johnston mentioned that some of the acreage might be in the flood zone areas. Al Karnatz mentioned that an engineer should look at the New Haven Zoning Maps to define what acreage in the 59 acres is not in a flood zone.
Al Karnatz asked if any PC members were open for a site visit? No response. A Mylar should be available for the next meeting, Denton is in no hurry, it may be December. Tom Boise asked if a warning could be done now, since it is a major subdivision. Al Karnatz mentioned that since it is 2 separate pieces (one on each side of the road) the 2 lot subdivision could be warned now as a minor subdivision, and the 5 lots warned later as a major subdivision requiring 2 public hearings. John Madden mentioned a previous subdivision that should have been treated as a major, didn't want to see a precedent set to have a subdivision start out as a minor then treated as a major. Don Johnston mentioned that 2 Mylars would make it easier to read. It was mentioned that Denton needed to talk with Kevin LaRose, Lincoln Applied Geology, about the Town of New Haven process. Don Johnston mentioned the views from each lot and how new house sites possible could affect existing neighbors. Peter Norris mentioned that views should not affect the siting of new houses. John Madden mentioned keeping a harmonious relationship with neighbors.
Denton mentioned that the land would need a survey; he needs to decide what will happen to the 1 acre lot, and figure out the flood hazard areas, all before it can be warned. Keith Hall suggested that Denton come to see him in November to see if he is ready to have it warned for December.
Don Johnston mentioned that the land is located on a State Highway. Denton mentioned that he has talked with the state concerning cuts.
End of discussion.
B) Tom Wallace Subdivision discussion
Tom Wallace was representing the owners of the Evarts property on Route 17. The Evarts wish to subdivide their parcel into 2 commercial lots and are seeking guidance from the PC on the feasibility and requirements for subdividing. Kevin LaRose, Lincoln Applied Geology, indicated in writing that the back part of the lot will support a septic system. Tom Wallace asked if it would need a septic designation if it were commercial. Al Karnatz mentioned that they would need to go through the whole site plan review for a commercial use. Jim Walsh indicated that the map does not show it as a complete 2 acres. Tom Boise mentioned that it is short of the required 200' road frontage for each piece. Al Karnatz indicated that the biggest obstacle for this lot is minimum road frontage. Keith Hall asked if they could use the ROW as road frontage? Don Johnston replied, depending on the deed language and what it says. It was suggested that Tom Wallace should read the deed to see what it says, then present this scenario to the ZBA and see what their thoughts are.
End of discussion.
C) Tom/Stacy Jerome Subdivision discussion - No show.
D) Tom Boise Subdivision discussion
Tom Boise wants to subdivide 10 acres for his son. Al Karnatz mentioned that Tom will need to do a minor subdivision of the whole lot. The 10 acre lot is an interior lot, but along the road it is zoned 2 acres/lot. Discussion commenced on ROW and would he need to maintain road frontage (600' road frontage for 10 acre zone). Does he need any road frontage if he buys ROW from neighbors? Or does he need to show the lot design accessing the road. Al Karnatz, mentioned it is the discretion of PC to allow ROW on interior lots. Al Karnatz asked how does this subdivision affect the VELCO substation.
Sara Sparling spoke to this, and mentioned that there was no agreement now to moving the substation, the Public Service Board (PSB) would rule on this in the future. VELCO has not studied any of the proposed substation sites and will not study these sites until the PSB puts forth its ruling at the January 5, 2005 meeting.
Sara mentioned that she would like Tom Boise to put his plans for subdivision on hold until after the January 5, 2005 meeting. Tom Boise mentioned that VELCO has no problem with his 10 acres subdivision. Sara mentioned that she would like to schedule a site visit with Tom. Kathleen Ready indicated that the best choice is for the PC to wait this out until VELCO decides what they are doing. Tom Boise was not in favor of this suggestion.
Al Karnatz wanted to make clear that Tom Boise was not asking for a motion to warn this for the Nov. meeting, but he was coming to the PC looking for advice on the ROW from the neighbor, or whether he needs to adhere to the road frontage requirement in the zoning regs. It was mentioned that a ROW was acceptable and in this case preferable for this lot, but the ROW was not approved at this time. Keith Hall asked if Tom Boise could find out if he can do a deferral to VELCO for the subdivision before he come back to the PC.
End of discussion.
Other Visitor Business:
1) Pete Norris Subdivision Discussion
Pete Norris wanted to get on for a sketch plan for the Nov. meeting. Hes planning to request a subdivision and site review at the same time. For a commercial parcel, if there is any kind of conditional use, Pete would have to go to the ZBA first. The subdivision will need to be done first, then the building permit and site review second. Tonight's map shows the location of the residential lot now under construction, and primary and replacement septic areas, the access road, and shows the primary and replacement areas for the commercial lots. The map also shows a delineated wetland. Don Johnston asked what the water source is for each lot. Pete mentioned right now there is only 1 community well proposed. At this time, Pete is not proposing anything to be done in the industrial area, all development would be in the highway commercial sections. John Madden mentioned that the scenic views should be considered and expressed serious concerns on the basic concept of the development.
Al Karnatz mentioned that a site visit might be a good idea, since this is a major commercial subdivision. Don Johnston agreed. A site visit was then set up for Saturday, October 16, 2004, at 8AM.
No further discussion.
2) Grant
With regard to the pending grant for the Town Plan, Alan Karnatz invited Brandy Saxton from the Regional Planning Office, Middlebury, VT and Natalie Steen from Landworks, Middlebury,VT, to present their company's qualifications for helping New Haven in a consultant's role to over see the coordination of the Town Plan. The grant is for $6,800 and the PC should hear sometime in November if the grant has been received. Al Karnatz envisions that the Town Plan would be presented at the 2006 Town Meeting, or November 2005.
Regional Planning = $45 to $50/hr rate. Recommends a town resident survey, which would be town specific for town issues. The process of creating a new Town Plan would take no less than 1 year to accomplish.
Landworks = $65/hr rate. This company has 20 years in the business and has worked all over the State of VT. Their expertise is in planning, Town Plans and rewrites, zoning ordinances. Would take on the role of consultant and would work with the town to set up a timetable of when things need to get done
3) Larry Buck, Town of New Haven Selectman
In April the Town received a municipal planning grant. Within the grant was a final proposal for village designation. This village designation is for private property owners to receive more federal/state grant money for renovating historic buildings.
When doing the New Town Plan, wording of the village designation should be worded into the new Town Plan.
Some of the grant money has been spent on the Community Center Development (library, town offices), Don Johnston mapped out the Town Green, all town and school property are surveyed. The Selectmen are in the process of defining village boundaries. John Madden expressed concern as to why we need to designate boundaries. Larry mentioned that the village designation is not asking for a zoning change.
Public Meeting was closed at 9:30 PM
4) Minutes
Short discussion occurred regarding the Sept 2004 minutes.
Don Johnston made the motion to approve the minutes of Sept 2004 meeting. Tom Boise 2nd.
Vote: yes 5 no-0 abstention 0
Motion passed.
Bank Statement
George Vince Attorney West
Discussion was brought up regarding the West proposal (banquet facility) and PC's means of resolving the issue. Keith Hall contacted the West's and they mentioned they would not have anything ready. Keith mentioned that when the West's were ready, let him know and he would re-warn their proposal. The West's did not withdraw their application. Kevin Brennan, attorney for people opposing the issue, indicated that this was unfair to leave it in limbo. Because it leaves it up to the West's to reopen it when they are ready. The Environmental Court would like to rule on the whole issue up front, not piece meal. Right now the only issue in court is the go-cart track and addition. Discussion continued on what action the PC should take.
Keith Hall made a motion: to deny the application because the West's have not provide the information requested by the PC and the West's have not indicated they have set a schedule to do that.
Jim Walsh 2nd the motion.
No discussion on the motion.
Vote Yes - 4 No 0 Abstention 1 (Don Johnston)
Motion carried.
Keith Hall was instructed to draft a Finding of Facts, with cc's to landowners and other interested parties.
6) New Business None.
Al Karnatz has copies of the PC grant application if anyone is interested.
Bristol, Howden Hall October 26 @ 7PM, is the site of the Regional Planning Commission meeting regarding Act 117.
Tom Boise made the motion to adjourn. Jim Walsh 2nd .
Meeting adjourned at 10:15PM
Respectfully Submitted
Karen Gallott