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New Haven Planning Commission
New Haven Town Hall
December 1, 2005
Members Present: Allen Karnatz, Tom Boise, Keith Hall, Jim Walsh, John Evers, Don Johnston, Susie Leonard, Chris Messerle
Guests: Wendy Butler, Nancy Tanner, Jessie Addis, Bill Shafer, Jamey Holstein, Fred Napoleon, John Madden, Adrienne DeLaney, Bob DeLaney, Gary Barrows, W. P. LaPete, Kate Lampton, Charles L. Charron, Carl Cole, Emily VanDeWeert, Steve Dupoise
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 final (second) plat hearing of a major subdivision. SUB:10-05.
Wendy Butler acting as agent for Marilyn Grice. 4 Mylar’s were presented, 2 Mylar’s for septic plans (primary and replacements) and 2 Mylar’s showing building envelopes and proposed well locations. The road cuts have been approved by the New Haven Road Crew.
Opened for public comment:
John Madden asked if there had been any discussion with the Granstrom's (neighboring property owners) about location or screening. Keith Hall indicated that he had sent a notice to the Granstrom's and there were no comments verbally or in writing.
Public comment period closed.
Keith Hall made the motion to approve the final plat as presented.
Tom Boise seconded
Discussion – none
Vote: Yes – 7 No- 0 Abstention – 0
Motion carries
2. 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.
John Evers recused himself from this discussion, as he is a board member of Addison County Home Health and Hospice (ACHH&H), a neighboring property.
Bill Shafer wondered why John Evers recused himself as ACHH&H is not an abutting property. John Evers explained it was to avoid any conflict of interest, due to past issues that had occurred between ACHH&H and Bill Shafer, even though those conflicts have been resolved.
Bill Schafer felt he had addressed all issues put forth by the Planning Commission (PC) during the November 2005 meeting. He also brought tonight, larger visuals of the property and landscaping plans. The landscaping plans show a low juniper hedge along the south boundary line.
Opened for public comment:
Kate Lampton wondered what the surface material for parking would be and lighting?
Bill Schafer indicated the parking lot would be pavement. Bill indicated that he had proposed 10 foot candles which is the industry standard. Jeff Green (District 9 State of VT Environmental Commission Coordinator – ANR) indicated that he wanted the lighting parallel to the ground cutoff lenses. Kate Lampton asked if the parking lot would be lit. Bill indicated that the existing parking lot lighting (as approved by ACT 250) is appropriate, but he may bring in one more pole. Kate asked if there would be lighting on the building. Bill Schafer indicated, no new building lights, nothing will change from what is currently there now.
As for landscaping, Bill Schafer indicated that he did not want to entirely block the building from sight, he is proposing using forsythia which typically grows 4 to 5 feet, and junipers which will soften the ground illumination from Route 7, along the west and south boundaries. Susie Leonard indicated that she thought the shrubbery along the south property line was to block the parked cars, and if so, she would like to see junipers that were 5 feet or more in height. Bill Schafer indicated that during the summer cars parked along the south property line would be completely blocked by the existing trees growing along Hunt's fence line. In the winter there would be no parked cars.
Bill Schafer feels he is making an effort to meet the PC requests regarding landscaping, in looking at other commercial properties along Route 7 and their lack of landscaping, he feels he is being singled out.
Public comment period closed.
Don Johnston indicated he felt that Bill Schafer had met the requirements the PC asked for and agrees Bill is making an effort to meet the PC requirements for landscaping. Don also indicated that other Route 7 commercial properties have not addressed lighting or landscaping issues. Don also feels that what Bill has proposed or suggested will not change the look of Route 7 all that much.
Allen Karnatz indicated that if there was a motion to approve the application as presented, then a findings-of-facts should be drawn up and recorded in the minutes.
The findings of facts would address the following:
All conditions shall be in place as soon as weather conditions permit and prior to opening of the new golf course.
Tom Boise made the motion to approve the Site plan as presented, with the attached findings-of-facts as discussed.
Jim Walsh seconded
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 1 John Evers
Motion carries
3. 4-Friends-LLC, wish to subdivide its land on South Street into two parcels. This will be the first plat hearing of a minor subdivision. SUB-11-05.
Don Johnston and John Evers have recused themselves from this discussion. Don Johnston because he is the surveyor for this property, and John Evers as this property is almost directly across from his residence.
Garry Barrows, as speaker for 4-Friends-LLC, and Don Johnston as surveyor for this property, spoke to this subdivision. The entire parcel was surveyed, pins are in place and a survey Mylar was presented tonight for filing. The entire parcel was not permitted by the State for septic. Test pits were done and Otter Creek Engineering signed off saying that it was adequate for a 2-lot subdivision (Don Johnston produced a letter from Otter Creek indicating these findings), and there appears to be an area large enough to put 2 septic systems on it. Otter Creek Engineering did not design any systems nor did they apply for a State permit. The survey shows that Lot #1 has an easement to put a septic on Lot #2.
Allen Karnatz asked if 4-Friends-LLC was applying for a deferral permit from the State. Don Johnston explained that 4-Friends-LLC wanted going to sell the subdivided land as acreage only. The easement was put on the survey, in case a future purchaser wanted to build and at that time, the future purchaser, would have to submit to the State for septic plan approval
Opened for public comment
Discussion: none
Public comment period closed
Susie Leonard made the motion to approve the final Mylar has presented.
Tom Boise seconded
Discussion – none
Vote: Yes – 5 No-0 Abstention – Don Johnson & John Evers
Motion carries.
Note: Gary Barrows pad the $8.00 recording fee in cash.
4. Charles and Brenda Charron wish to transfer fifty feet by line adjustment from their land on Lime Kiln Road to Wilfred "Pete" and Yvette LaPete. The specific location of the proposed line adjustment is on the easterly side of Ethan Allen Highway (Route 7) contiguous to the LePete's southern property line. Line Adjustment 2-05.
Allen Karnatz recused himself from this discussion; he has been working with the Charron's on their Land Trust project.
John Evers became Acting Chairman.
Lee Charron explained the background of selling the development rights on their land to the Land Trust. Pete LaPete would like to purchase an addition 50 feet of Lee Charron's property along his (Pete LaPete's) property's southern boarder. This additional land would enable Pete LaPete to meet the setback requirements,
Opened for public comment
Discussion: none
Public comment period closed
Jim Walsh made the motion to approve the boundary line adjustment as presented.
Tom Boise seconded
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 1 Allen Karnatz
Motion carries
Pete LaPete paid the $8.00 filing fee in cash.
5. Richard English: Attorney for the new owners of the former residence of Denton and Anne B. Lyon, is requesting an amendment to subdivision SUB:6-04 as follows: To approve a change of location of the right of way access across lot 6 to lot 5 on the Denton L. Lyon and Anne B. Lyon Revocable Trust subdivision, as previously approved April 7. 2005, and November 3, 2005. This subdivision is located on Main Street (Route 17) east of the New Haven Fire House. SUB 6-04-Admentment 1.
Jamey Holstein represented Dick English, Esq. tonight. Jamey explained tonight they would like to record a new Mylar reflecting the new right of way for the road cut that will be for lot 5.
Opened for public comment
Nancy Tanner and Jessie Addis, this proposed road cut is near their property.
Allen Karnatz explained the previous access to lot 5 was through the driveway to the former Lyon house. The State has approved a new road cut for lot 5 which will be located 150' west of the Lyon's existing driveway.
Tom Boise asked if Keith Hall had received a letter from the State indicating their approval of this road cut. Keith indicated that Dick English, Esq. was to provide him with a copy of the State approval. It was discovered that the information that Dick English, Esq., provided was not State approval for the road cut. Due to this lack of information, it was concluded that this hearing will be continued at the January 2006 regularly scheduled PC meeting.
Public Hearing closed at 8:20 PM.
Visitors Business
1. a) Carl Cole, representative for the George Merritt subdivision, outlined some changes that have come up since the filing of the original survey Mylar. The as-built survey presented tonight shows (1) the exact location of where the road was actually built, (2) change the access right of way that serves lots 5 and 6 due to topography and to avoid wet areas, (3) change the building envelope location for lot 4 to reflect what the topography will allow. The size is roughly what was approved but now it is a slightly different shape, (4) Move Lot 4 boundary line to reflect the town line between Bristol and New Haven and (5) change the 2 access points for the Bristol property.
Carl Cole would like to present a revised Mylar for review and approval by the PC. He also feels these are minor changes which would not warrant a public hearing.
Susie Leonard feels that these changes are an amendment to a subdivision. John Evers asked if there would be a subsequent corrective deed to reflect these changes once approved by the PC. Since lots 2 and 3 reference the filed survey, something corrective would need to be done for lots 2 and 3.
John Evers made the motion to warn these changes for the next regularly scheduled PC public hearing or next conveniently scheduled PC meeting of the applicant.
Susie Leonard seconded
Discussion:
Carl Cole asked if this would be a single public hearing. John Evers indicated that it was his intent to deal with it in the same way the PC would deal with an amendment to a subdivision or boundary line adjustment; a single public hearing.
Don Johnston indicated that the new Mylar should show that lots 2 and 3 have been sold and reflect those changes. Also the property owners should be co-applicants and need to sign the applications.
Vote: Yes – 7 No – 0 Abstention – 0
Motion carries
1. b) Emily VanDeWeert representing Frank Dykstra, presented a sketch plan for 2-lot subdivision of his property located on Campground Road. The lot to be created would be 200' in width and 450' in length slightly 2 over acres in size. Allen Karnatz indicated that road frontage for each lot needs to be 200'.
There was considerable discussion among the PC board regarding the creating and interpretation of 2 and/or 10 acre lots. The PC interpretation is if a lot is in both a 2 and 10 acre designation the lower threshold takes precedence.
Don Johnson indicated that a survey should be done to make sure there is 400' of frontage. Well isolation zones will need to be met as well as obtaining septic approval (for both lots, each lot showing a primary and replacement) from the State.
Jim Walsh made the motion to approve the sketch plan as presented and to warn this for a public hearing when the applicant is ready and the survey is completed.
Don Johnston seconded
Discussion – none
Vote: Yes – 7 No –0 Abstention – 0
Motion carries
1. c) Steve Dupoise came before the PC to see what would be required of him to put up another building at the Ethan Allen Highway Storage facility located on Ethan Allen Highway (Route 7). The new proposed building would be sited North to South and placed on the south side of the existing access road. It would be another Morton Building with smaller square footage and a lower roof line than the existing building. There would be loading dock space on the back side, the front side would be mini storage and the back would be for larger storage. There would be no change in the access road.
Don Johnston recused himself from this discussion as he did the survey work for Ethan Allen Highway Storage facility in the beginning.
John Evers recused himself from this discussion because he was involved with this project at its beginning.
Allen Karnatz gave the background of Steve Dupoise’s Ethan Allen Highway Storage facility which began in 2000. At that time Steve Dupoise came to the PC at the same time the Town Plan was being rewritten. At that time this parcel of land was zoned agricultural/residential and Steve Dupoise asked the Town if they would consider rezoning the entire parcel (+/- 30 acres). The Town recommended rezoning 1/3 of the lot as commercial.
At this time the map that governs the zoning is not the same map as represented in the Town Plan. The map in the Town Plan is the ”wish map” that the Town would like to see voted in. The current governing zoning map is the old zoning map. The town voted in a new Town Plan map, and Steve Dupoise was issued a building permit by George Apgar (current Zoning Administrator) to erect his Ethan Allen Highway Storage facility. However, technically the Town needed to pass new zoning regulations to reflect the Town Plan map before the permit could legally be issued. The PC and Zoning Administrator thought the Town Plan would pass and thus issued the permit to Steve Dupoise to go ahead with the construction of the storage facility. The new Zoning Regulations have since been voted down three times, and at this time the Town is still working off the old 1990 zoning map, so Steve Dupoise’s request to rezone his property was never officially acted upon. In essence, the existing facility is a non-conforming use because the parcel is still zoned ag-residential (RA-10) and cannot be used for commercial purposes.
Allen Karnatz said the PC cannot proceed with a site review at this time, knowing the background of the situation. It would be inappropriate to approve a second non-conforming use. Allen Karnatz and Keith Hall will check with the town attorney, Jim Ouimette, about this issue. Keith Hall or Chis Messerle will get back to Steve Dupoise regarding Jim Ouimette’s thoughts.
Allen Karnatz outlined to Steve Dupoise what he needed to do to present a sketch plan, which should include landscaping, building envelope, etc. The sketch plans presented now go into details, but more might be required by the PC. However, prior to site plan approval the zoning must be changed which is a much longer process .
Visitors Business ended at 9:15 PM
2. Review of November 2005 Minutes
It was suggested to change the word conversation to conservation in the last paragraph on Page 5.
Allen Karnatz made the motion to approve the minutes with the change.
Keith Hall seconded
Discussion – none
Vote: Yes – 7 No – 0 Yes – 0
Motion carried.
3. Correspondence
Water Supply Permit for Charles Roy’s new house.
VELCO correspondence.
4. New Business
Chris Messerle was introduced as a candidate for the Zoning vacancy for the Town of New Haven, replacing Keith Hall upon his retirement in
John Evers made the motion to appoint Chris Messerle as the Town of New Haven Zoning Administrator.
Susie Leonard seconded
Discussion – none
Vote: Yes – 7 No- 0 Abstention – 0
Motion carries
5. Old Business
a) Update on the Town Plan
Susie Leonard presented PC members with copies of the proposed Town Plan. Additional copies are available for public viewing at New Haven Town Clerk’s office, New Haven Community Library and at the Village Green Store. All certified/registered letters have been mailed as of today (30 days prior to the first public hearing) to all surrounding Towns, Secretary of Commerce, Housing and Community Affairs, Regional Planning Commission. A notice will be forthcoming in the newspaper to announce the public hearing on January 3, 2006 to take any public comments.
Allen Karnatz indicated that the Town Plan will have its first public hearing with the Planning Commission on January 3, 2006. On February 2, 2006, its second public hearing with the Select Board, and in March 2006, it will be voted on at Town Meeting.
b) Planning Grant Funds
Allen Karnatz mentioned that there are some funds left in this grant. Possibly could use the money to print new Town Plans. Money will need to be used by May 2006.
6. Adjournment
Don Johnston made the motion to adjourn
Tom Boise seconded
Discussion – none
Vote: Yes – 7 No – 0 Abstention – 0
Motion carries.
Meeting adjourned at 9:45 PM
Respectfully Submitted By:
Karen Gallott