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New Haven Planning Commission
New Haven Town Hall
November 3, 2005
Members Present: Allen Karnatz, Tom Boise, Keith Hall, John Evers, Don Johnston, Susie Leonard, Jim Walsh arrived at 9:00PM
Guests: Jamey Holstein, Randy Butler, Marilyn Grice, Bill Shafer, Bob DeLaney, Mark Livingston, Philip M. Livingston, Philip N. Livingston, Dana Livingston, Dawn-Marie Livingston, Rick Emilo, John Madden, Gioia Kuss, Ray Fortier, JoAnna Cimino, Anne Vernon
Allen Karnatz, Chairman, called the meeting to order at 7:00 PM
Public Hearing
1. Marilyn Grice wishes to subdivide her land in order to create three lots on River Road. This will be the first plat hearing of a major subdivision. SUB 10-05.
Marilyn Grice explained the division of the lots. The newly developed lots are: Lot #4 being the westerly lot next to Chris Granstrom's property, Lot #3 is the easterly lot and Lot #2 encompasses the remaining land. All lots meet the required 400-foot road frontage. Marilyn explained the locations of the building sites and where the septic and replacement systems will be located on each of the two new parcels being developed. Marilyn will need to check with Phil Busier, New Haven's Road Commissioner concerning the location of a curb cut and to file a curb cut application before her next Planning Commission (PC) hearing.
Phelps Engineering - John Ashley, was the designer for the wastewater permit. The permit has been approved by the State and is recorded at the New Haven Town office.
Marilyn Grice indicated that the pins are set.
The PC indicated that 2 Mylars (18 x 24) are needed for the final hearing and recording. One Mylar for the survey, surveyor's coordinates and pins, and another Mylar showing contours, septic primary and replacement, building sites, and well isolation zones.
Opened for public comment
No discussion
Public comment period closed
Don Johnston made the motion to approve the preliminary plats with suggested changes as discussed.
Tom Boise seconded.
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 0
Motion carries
Keith Hall will warn for the December 2005 PC meeting.
2. James Schaefer wishes to subdivide his land on Otter Creek Highway (Route 17). This will be a continuation of the final plat hearing of a major subdivision. SUB 3-05.
Jamey Holstein represented James Schaefer tonight. The issues from last months PC meeting have now been resolved and corrected on the new survey Mylar. These issues were: Class 4 Road indication has now been corrected and is reflected as a trail. The pipe set symbol has been corrected, the lot frontages have been adjusted to meet the frontage requirements along Route 17, thus, and the lot sizes were adjusted to meet the frontage requirements. There is now only one road cut off Route 17 to access all three new lots.
Opened for public comment
No discussion
Public comment period closed
Easement issues are explained and addressed in the note section on the presented Mylar.
Susie Leonard made the motion to approve the final plat and subdivision.
John Evers seconded.
Discussion – none
Vote Yes – 6 No – 0 Abstention – 0
Motion Carries
Note: Stephen Revell paid the $16 filing fee in cash.
3, William Shafer wishes to establish a Mini Golf Course and convert a small barn to a retail sports shop on his commercial lot on Ethan Allen Highway (Route 7). The PC will continue a site review as required for all proposals in commercial zones.
John Evers recused himself from this discussion, as he is a board member of Addison County Home Health and Hospice (neighboring property).
Bill Shafer indicated that he is not expanding the parking area onto the south slope, would like to pave the parking area on the north side, is downsizing the area of the golf course to 12,000 to 15,000/ft2 (originally proposed at 20,000-22,000/ft2) will be the same number of holes, just compacted. Lighting requirements as proposed by Jeff Green (District 9 State of VT Environmental Commission Coordinator – ANR) and industry standards are: light poles are now proposed at 10 to 12 ft, instead of the 15-20 ft as originally submitted, this change will require less overall lighting as the light will be closer to the ground illuminating a larger surface. Bulbs will be 100 or 175 watt (example: 100 watt on the perimeter and 175 in the middle) not the 400 or 1,000 watt as previously proposed and floodlights will be hung parallel to the ground.
Bill Schafer also presented pictures showing what the aesthetics (landscaping within the course) of the course may look like once completed. It was mentioned that the PC wasn't so much concerned with landscaping within the course design, but more concerned with the landscaping/screening along the perimeter of the property. Bill Schafer indicated that to meet his ACT 250 requirements (issued in 2004 and has a 2 year window) for prior projects, he was required to plant 5 maple trees parallel to Route 7 out of the State Right of Way, and he is willing to plant whatever landscaping the committee requires. In the findings of facts the PC could recommend whatever landscaping it feels appropriate/proper.
Opened for public comment
John Madden wanted to remind the PC about the regulations and its reference to landscaping and screening.
No other public comments.
Public comment period closed
Bill Schafer indicated the he needs to amend the access permit with the State AOT, because the ingress/egress falls in the State Right of Way. Mike Dykstra (New Haven Fire Chief) and well as the State of VT Fire Inspector, have visited the site. Both parties were satisfied with what is proposed for vehicular safety.
A PC member wanted to see travel aisles and vehicle circulation on the site plan. The Chairman explained that the PC can indicate to Bill Schafer what is required and it can be written up in the finding of facts, or ask that it be shown on the site plan. The PC indicated that listening to the concept of ideas was okay, but if it is not on paper (site plan), it is hard to visualize. The PC Chairman then asked the PC members if a more comprehensive plan showing better traffic flow, number of parking spaces, landscaping would be preferred.
It was agreed that a more comprehensive plan was preferred. The new plan should be no smaller than 11X17, preferably larger. This plan should show all dimensions and footage, traffic flow, number of parking spaces with striping. Also keeping the lawn area along Route 7 was definitely preferred and should be shown on the plan. The 5 maple trees should be shown along Route 7, as well as additional landscaping, possibly evergreens and/or shrubs (4-5 ft in height), conceivably along Route 7, on top of the rise behind the building in front of the golf course, possibly here a cluster of trees/evergreens. Landscaping should be perpendicular along the property line and parallel to Route 7.
It was thought that 10 foot candles (apparently the standard for the industry according to Bill Schafer), is too high for this project, as sidewalks only required 1-3 foot candles. PC will research the current regulations regarding lighting and see how they measures up to the miniature golf course industry standards before the next meeting.
At the next meeting, Bill Schafer will present a revised and more detailed site plan that will show landscaping, lighting and parking/traffic flow.
4. Phillip and Diane Livingston wish to divide their property on Daniels Road into three lots. This will be the final plat hearing for a major subdivision. Major SUB: 6-05.
Steve Revell presented 2 comprehensive (showing the primary and replacement disposal systems, well, house and driveway locations) site plans for Lots #1 and #2 and 2 subdivision survey plats for Lots #1 and #2. Road frontage is adequate for each lot and the septic permit has been sent to the State for approval.
Opened for public comment
Gioia Kuss, Executive Director of Middlebury Area Land Trust (MALT) received a letter regarding this subdivision, as MALT was an abutter to this land. It was discovered that MALT was not an abutter, and they had received the notice in error.
No further public comments
Public comment period closed
Tom Boise made the motion to approve as presented.
John Evers seconded.
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 0
Motion carries.
Note: Mark Livingston paid $32.00 filing fee in cash.
5. Cecil and Ramona Morse wish to add a storage building and U-haul rental services to their antique shop located on Main Street (Route 17) at New Haven Junction.
Ramona Morse presented their idea of putting in a building of storage units behind the Post Office and to rent U-Haul trucks in addition to the antique shop. The storage unit building would be no larger than 40' x 70'. The U-Haul trailers would be parked in back of the storage building and possibly one or two parked out in the front area.
It is thought that this area is both highway commercial and flood zone. Upon closer examination of the current zoning map it was found that this land is located in the flood hazard district and not commercial. According to the regulations, a new building for storage is not a permitted use. It could be considered a conditional use, but the Zoning Board of Adjustments (ZBA) must approve a variance or conditional use permit. The Morse's will need to go to the ZBA for a variance to build the new building. If it is approved by the ZBA, then the Morse's can come back to the PC for a site plan review.
PC member Jim Walsh arrived at 9:00 PM.
6. The Planning Commission will discuss and take action on a recently approved subdivision. To reaffirm the subdivision of Denton L. Lyon and Ann B Lyon Revocable Trust previously approved April 7, 2005, and specifically pursuant to Sec. 260 of the New Haven Zoning Regulations, to renew and approve the final plat Mylar signed and recorded July 21, 2005.
Because the final signing of the Mylar went over the required 90 days, the PC must approve the above wording. The rational for doing this is the old law indicates that the PC could waive the 90-day requirement for special circumstances or problems. The new Chapter 117 changes this ruling to 180 days for special circumstances or problems.
Susie Leonard made the motion to approve the action on the Mylar as presented.
Don Johnston seconded.
Discussion – none
Vote: Yes – 7 No – 0 Abstention – 0
Motion carries.
It will be warned for the December 2005 meeting, for a change in the right of way through the house lot and a new curb cut approved by the State AOT for Lot #5.
Public Hearing closed at 9:15 PM.
Visitors Business
1.a) JoAnna Cimino is offering her services to form a subcommittee that would provide research to assist in the Town Plan revisions and to bring together in that committee a board range of New Haven residence that are concerned with conservation issues, sustainable development issues, commercial and sustainable economy issues. She also serves on a number of committees for the town and would like to help integrate all the different activities that are dependent upon the Town Plan. This committee would be at the services of the PC and provide research, provide assistance in publications and surveys, collation of and coordination of data, etc. that the PC deems relevant to help rewrite the Town Plan.
It was pointed out that if this subcommittee had "conservation" or was called a "conservation committee" this would limit its acceptance. On the other hand if it was was called a "Plan Rewrite Committee". JoAnna Cimino explained that it was not her intent to label this a "conversation commission". It would basically be a subcommittee and this subcommittee would comprise of many residents in the town that are very concerned with conservation and these people would be represented, in addition to other people with different and broader range of views would also be represented and this would be very beneficial in providing research to the PC.
All members of the PC unanimously accepted this offer of help.
John Madden indicated that he would encourage the establishment of a conservation committee in town.
1. b) Ray Fortier introduced himself as a possible application for opening on the PC board.
Visitors Business was closed at 9:30 PM
2. Review of Minutes
Discussion – DJ made the comment, for discussion only, that board minutes should be condensed, i.e. that the results of the minutes should show the board acting as a whole body, not as an individual. John Ever's indicated that the detailed minutes done at this time for the PC are good because if there was an appeal, then the minutes would indicate that only interested persons can appeal and that the person has participated and the minutes would be a record that that person had participated. Members decided to keep this thought in mind.
Allen Karnatz indicated that in keeping with the new rules, there should be a check off list indicating if a person participated (i.e. took an active part either by discussion or by written documentation) and this should be noted at each meeting.
John Evers made the motion to approve the minutes of the October 6, 2005 meeting as presented.
Tom Boise seconded.
Vote: Yes – 7 No – 0 Abstention – 0
Motion carries.
3. Correspondence
Correspondence from VELCO.
4. New Business
Keith Hall indicated that when warnings are posted for the upcoming meetings, the individual property owners must post a permit notice on the subject property for 15 days and prior to the public hearing. There are different scenarios when this notice must be posted; for conditional use, variance, administrative officer appeals and final plat reviews for subdivision indicating that a notice for public hearing is scheduled and for permits that have been being issued.
Susie Leonard made the motion for the resolution that the PC requests the individual landowners post the permit notice where required as per Chapter 117.
Tom Boise seconded
Discussion – none
Vote: Yes – 7 No – 0 Abstentions – 0
Resolution carries.
5. Old Business
5.a) Update on subdivision of Evarts property.
Keith Hall received a ruling back from the Town's lawyer Jim Ouimette. Jim Ouimette's opinion was he did not think the depth of the lot was adequate.
5.b) Plan for revising the town plan.
Work plan night is scheduled for Wednesday, November 9th at 6:30 PM.
6. Adjournment
Tom Boise made the motion to adjourn.
Susie Leonard seconded
Discussion – none
Vote: Yes – 7 No – 0 Abstention – 0
Motion carries
Meeting adjourned at 10:00 PM.
Respectfully submitted by
Karen Gallott