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New Haven Planning Commission Meeting March 3, 2005

New Haven Town Hall

Members Present: Allen Karnatz, Don Johnston, John Evers, Keith Hall, Tom Boise,

Jim Walsh

Members Absent: Art Sherman

Guests: Denton Lyon, Kevin LaRose, John Madden, Milo Schaefer, Kate Lampton,

Pete Norris, Sr., Delores Norris, Thea Gaudette

The meeting was called to order at 7:00 P.M.

Public Hearing

1) Denton Lyon wishes to subdivide his land located on Main Street (Route 17) east of the Fire Station into 6 parcels. This is a continuation of the final plat hearing of a major subdivision.

Denton Lyon began by introducing Kevin LaRose from Lincoln Applied Geology, Inc. Allen Karnatz asked what if anything has changed from the February 2005 meeting. Denton Lyon indicated that an entrance to Lot #5 is now shown off the Lyon's driveway. Kevin LaRose indicated that the sewage designs for all lots have now been completed, and having a Mylar available for tonight’s final hearing was requested by the Planning Commission at the February meeting. Kevin LaRose indicated that tonight Denton Lyon would like to request a conditional approval with an extension for the Mylar. Due to weather conditions some control points were not easily locatable thus the Mylar has not been finalized by this meeting.

Allen Karnatz indicated that New Haven has a policy that all the pins must be placed before the Planning Commission signs off on the Mylar. Tom Boise indicated that with a GPS system it would seem that the points could be located even under the snow. Don Johnston indicated that they could do this but it is much harder digging around in the snow. Kevin LaRose indicated that 60 to 70% of the pins are set, it was just a few interior ones are not set at this time. This is why the Mylar was not presented tonight. Allen Karnatz asked Denton Lyon if he is seeking conditional approval tonight. Kevin LaRose indicated yes.

Allen Karnatz opened discussion up to the Planning Commission members if they thought the overall design, excluding the lack of monumentation, met all the Planning Commission specifications? Allen Karnatz asked about the septic system designs. Kevin LaRose indicated that each lot has its own plan sheet with all the septic details, these sheets would be sent to the State for approval. Allen Karnatz asked if a State Site Tech had been out to see these sites? Kevin LaRose indicated that they have not. When he originally tried to book the State in September 2004, the State was 5 to 6 weeks out. Kevin indicated that his client couldn't wait that long. All sites are designed with a conventional mound system and Denton Lyon's replacement system would be an at-grade system.

Don Johnston mentioned that there was discussion in the past about the lots on the north side of Route 17 have a secondary access. Denton Lyon indicated that when he talked with the State recently it wasn't needed. Allen Karnatz questioned if the access road came close to the wells on the other lots.

John Madden indicated his concern regarding the location of the access cut onto Route 17 for the lots located on the north side being a traffic hazard. Denton indicated that there is plenty of visibility. Allen Karnatz indicated that it is a State approved road cut, did other members of the Planning Commission have any comments regarding this access? No one did.

Tom Boise indicated that he thought it was mandatory for the State to give their opinion regarding the siting of a septic area and whether or not a mound system could be put in a particular area. Kevin LaRose explained that it was not required now (since the new regulations of November 2005) to have the State on-site, and it is borderline on whether the State even requires notification. Lincoln Applied Geology, Inc. does notify the State of the date(s) test pit digging will be.

Pete Norris, Sr., indicated that it is the State's choice now if they will go out on-site or not. Kevin LaRose indicated that he did try to get someone from the State to come out, but since the State was so busy in the fall of 2004, it was not possible.

Don Johnston asked if what was presented tonight would be the actual Mylar when the monumentation was completed. Kevin LaRose indicated that it would be. Allen Karnatz indicated again, in the past, the Planning Commission has taken a firm line of having the Mylar present for approval. as opposed to approving the project with a condition of presenting the Mylar at a later date. But the Planning Commission can elect to do a conditional approval.

Tom Boise asked Denton Lyon how important it is to obtain approval tonight. Does a conditional approval help Denton Lyon, or does he need final approval. Denton Lyon indicated that tonight would be to his advantage because his is not able to begin any building permits until finalization is granted and the State has 45 days to grant or deny application.

Keith Hall indicated that it would be best to wait until all the work is done and the package is complete. John Evers' agreed with Keith Hall, since this is a policy that the Planning Commission has adhered to in the past. Don Johnson asked if Kevin LaRose could go ahead with the State process without Town approval? Kevin LaRose indicated that they could, though he is not comfortable in doing so without Town approval. Jim Walsh indicated he felt comfortable with what has been presented, but feels a Mylar would be best. Tom Boise indicated that he did not think the Planning Commission should deviate from the existing policy. By granting conditional approval would open up a new policy.

John Evers made the motion that this matter be continued at the next scheduled Planning Commission meeting. Keith Hall seconded.

Discussion = none

Vote: Yes = 6 No = 0 Abstention = 0

Motion Carries.

2) Greg and Paula West – have requested a continuance of their application in 2 months. Allen Karnatz indicated that it would need to be rewarned for the May 2005 meeting.

Tom Boise made the motion to continue the application to the May 2005 meeting. Keith Hall seconded.

Discussion: Peter Norris, Sr., indicated that due to the West's past history, was curious to why the Planning Commission is letting the West's get away with not showing up. Keith Hall indicated that this time the West's did call prior to the meeting. Jim Walsh indicated that any communications with the West's should be by certified, returned receipt requested US mail and should indicate that the Planning Commission has moved the West's warning 2 months ahead and the West's need to let the Planning Commission know 15 to 17 days before the May 2005 meeting about their intentions to attend the meeting.

Vote: Yes = 6 No = 0 Abstention = 0

Motion Carries.

Public Hearing Section Closed at 7:50 PM

Visitors Business

1) Pete Norris, Sr. presented a sketch plan for his land located on the west side of Route 7, across from Green Haven Gardens. He is looking for sketch plan approval tonight.

Don Johnston asked if the Planning Commission was starting anew. Allen Karnatz indicated yes, Pete Norris, Sr. withdrew his last application.

Pete Norris, Sr., total acreage is approx 38 - 39 acres. 10 acres are in the RA 10 district and the remainder is in the highway commercial, with a small amount in the industrial area. Pete Norris, Sr., is requesting a 9-lot subdivision, 1 residential lot and 8 commercial lots. In terms of highway access there would be 3 access points. Southerly off Campground Road this would be a bi-directional cut (ingress and egress), ingress only access cut from Route 7, directly opposite Green Haven Gardens, and the 3^rd cut north off Dog Team Road. This would be limited to the residential lot and only 1 commercial lot. This access would be utilized by 10-13 people associated with the commercial lot and limited utilization by the residential lot.

The septic is the same as before and approved by the Agency of Natural Resources. The residential area has 440 to 450 gallons/day. 2100 to 2200/gallons/day for the commercial properties and would support 120 to 130 people total.

Don Johnston indicated that lot #5 was not readily accessible as the other lots. The other lots are accessed from Route 7 and Campground Road. Pete Norris indicated that he could extend the road down and access the west side of lot #5. Don Johnston asked, what would happen if someone purchased Lots 4, 5 and 7 that access Dog Team Road, This again may become a concern of the residences on Dog Team Road. Pete Norris, Sr. indicated that that could happen, but went on to say that approval must also come from the Planning Commission for approval of site plans and building.

Pete Norris, Sr. indicated that he also talked with the New Haven Fire Chief and the Fire Chief was ok with the traffic pattern. Tom Boise asked if it was Pete Norris's or the State's idea to have ingress only from Route 7. Pete Norris, Sr. indicated that he could only get a one way cut from the State. The State tries to keep all road cuts coming off of Town roads, not off from State roads.

John Madden indicated that commercial development should be in the area of the Junction. He also mentioned maintaining scenic features and was concerned with traffic issues.

Tom Boise indicated that he preferred the previous accesses (as was shown on the plan that was withdrawn) over the new cut off of Route 7. It is much safer to come out on either Dog Team Road or Campground Road, not directly onto Route 7. Pete Norris, Sr. indicated that the most visible ingress is from Route 7. Allen Karnatz indicated that a traffic study could be asked for from the applicant.

Milo Schaefer mentioned the need to preserve the scenic value of the land and wanted to make sure that the owners of the commercial lots did not place their perspective buildings right along Route 7 creating a wall of buildings. Pete Norris, Sr. mentioned the owners of these lots would need to go before the Planning Commission for site approval before actual construction begins.

Kate Lambert indicated that the traffic assessment should be done. Pete Norris, Sr. responded that he might have to do a traffic study for Act 250. Allen Karnatz indicated that a traffic study would indicate safety and non-safety issues.

Don Johnston made the motion to approve the sketch plan for a commercial subdivision hearing with the preliminary hearing held at the next Planning Commission meeting in April 2005.

Motion seconded by Keith Hall.

Discussion - none

Vote: Yes = 6 No = 0 Abstentions = 0

Motion carries.

Visitor Business closed at 8:26 PM

Review of Minutes for February 2005

Allen Karnatz made the motion to approve the minutes as presented.

Keith Hall seconded.

Discussion – none

Vote: Yes = 5 No = 0 Abstentions = 2 (John Evers and Jim Walsh)

Motion carries.

Correspondence

Notification of the Town of Monkton's draft zoning regulations.

Notification of the Town of Middlebury's new town plan.

Letter and signed petition from John Madden regarding the Town Plan. This letter and petition were received on February 22, 2005. Allen Karnatz indicated that the Planning Commission needs to take official action on this petition. State statute requires a report to the Selectboard, public hearings and a possible town vote on any new amendments. This issue will be taken up at later meeting.

Act 250 Application from David Bronson for the former Conant property on Route 7.

Letter and petition from Pete Norris, Sr. that requests John Madden to cease and desist from initiating frivolous appeals. Allen Karnatz indicated this was only an advisory petition and no official action is necessary from the Planning Commission.

Letter from the Assistant Fire Marshall in Willison, VT, regarding the West's property and handicap parking.

New Business

Allen Karnatz passed out copies of Brandy Saxton's survey for review by Planning Commission members.

Keith Hall received an application for the School Board Chairman to support a New Haven Community Theater, on the school playground. The structure would be 12' x 10'. John Evers asked if the structure was movable. Tom Boise indicated that it would not have a foundation. It was decided that this would fall under Permitted Accessories Use. Keith Hall will issue a permit.

Old Business

March 16, 2005 at 6:30 PM will be the next Town Plan work night.

Allen Karnatz made the motion to adjourn. Jim Walsh seconded.

The meeting was adjourned at 9:30 PM.

Respectfully Submitted by:

Karen Gallott