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New Haven Planning Commission
New Haven Town Hall
June 1, 2006
Members Present: Allen Karnatz, Tom Boise, Jim Walsh, Donald Johnston
Members Absent: Susie Leonard
Staff Present: Cris Messerle, Zoning Administrator (ZA)
Guests: Harvey Smith, Neil Allen, Charles Cousino, Timothy Goyette, Stacey Jerome, Tom Jerome, John Madden, Allen Bessette, Phil Bartsch, Michael Dunbar, Steve Dupoise, Marcia Dupoise, James McGrath, Tim Bouton
Tom Boise mentioned that it had been brought to his attention by a New Haven resident that the posting of the June 1, 2006 Planning Commission (PC) had not been legally posted for 15 days prior to the meeting in the Addison Independent. Cris Messerly indicated that first notice in the Addison Independent was incorrect and was immediately corrected on the notices at the Village Green Market, Post Office, Town Clerks Office and in the Addison Independent. Unfortunately, the Addison Independent’s second attempt in correction resulted in a typographical error. This was subsequently corrected. The third attempt was only correct for 11 not 15 days. It was discussion whether the public hearing could or should legally proceed. Consensus of the PC was to proceed with the meeting. All public guests were also in agreement to proceed with the hearing knowing the circumstances.
Allen Karnatz, Chairman, called the meeting to order at 7:15 PM
Public Hearing
1. Elgin Spring Farm (Allen Bessette) wishes to subdivide a parcel of land located on Quarry Road, into two lots. 2006-SUB-02
Allen Bessette presented the Mylar, showing contours, well locations, septic primary/replacement design locations. There was some discussion on the building envelope shown by the surveyor on the site plan. Allen Bessette indicated the surveyor was just showing that a building envelope of 200’ x 200’ could fit within the lot.
Opened for public comments
John Madden suggested making a note on the Mylar indicating to delete building envelope. Allen Karnatz indicated that that was a good comment.
Public comment period closed
Donald Johnston indicated that the survey plat (Mylar) does not show a closed geometric figure for the two lots, and has a couple of missing courses (bearings and distances) along the road. This is a standard requirement for a recordable survey plat. Allen Bessette indicated that the pins along the road are not set yet. Donald Johnston noted that the Mylar clearly shows that they were set and this needs to be confirmed.
Donald Johnston made the motion to approve the subdivision on the condition that Allen Bessette go back to the surveyor and have these problems corrected on a revised or new Mylar, and submit it for recording within 30 days. Said Mylar needs to meet the “Standards for the Practice of Land Surveying” as described in the “Rules of the Vermont Board of Land Surveyors”.
Jim Walsh seconded
Discussion – none
Vote: Yes – 4 No -0 Abstention – 0
Motion carries
2) Betty Goyette requests a boundary line adjustment on her property located at 1689 South Street. 2006-BLA-01
3) Timothy Goyette wishes to subdivide his property located at 1639 South Street into two lots. 2006-SUB-03
Donald Johnston recused himself from these two public hearing items as he is the surveyor for this project.
Don Johnston explained the statement “lot 2 and 3 to be combined to make 1 lot”
was the only addition to the Mylar. Tom Boise asked why only 1 Mylar? Allen Karnatz indicated the Mylar shows both lots and the septic is related.
Allen Karnatz asked if Tim Goyette had received State approval for septic yet. Tim Goyette that he has just sent septic information onto the State.
Tom Boise asked if Tim Goyette had proof that he was acting as agent on behalf of Betty Goyette. Cris Messerly indicated yes, a letter was presented, but Cris didn’t have it tonight.
Jim Walsh made the motion to approve the boundary line adjustment on Betty Goyette’s property.
Tom Boise seconded
Discussion – none
Vote Yes – 3 No – 0 Abstention – 1 (Donald Johnston)
Motion carries
Tom Boise made the motion to approve Tim Goyette’s subdivision of his property as requested.
Jim Walsh seconded
Discussion – none
Vote Yes – 3 No -0 Abstention – 1 (Donald Johnston)
Motion carries
4) Charles Cousino wishes to subdivide his property located at 1467 East Street into two lots. 2006-SUB-04
Charles Cousino asked for a continuance of his subdivision to the August 2006, meeting. Continuance was granted.
End of Public Hearing at 8:00 PM
Visitors Business
1) a) Harvey Smith wishes to discuss subdividing his property on Lime Kiln Road.
Donald Johnston recused himself from this discussion, as he is surveyor for this project.
Presented a sketch plan tonight showing 2 lots being subdivided off the main lot, creating a total of 3 lots. Harvey Smith indicated that he would like to proceed with the subdivision before the septic plans are finalized. Allen Karnatz indicated that there is plenty of road frontage, so this is not an issue.
Allen Karnatz asked the PC board if this would be a major or minor subdivision. Consensus was this would be a major subdivision.
Tom Boise made the motion to warn this as a major subdivision, first preliminary hearing, for the July 2006 meeting.
Jim Walsh seconded
Vote Yes – 3 No – 0 Abstention – 1 (Donald Johnston)
Motion carries
1) b) Burt Allen wishes to discuss subdividing his property located on Hunt Road.
Neil Allen (son) spoke on behalf of Burt Allen tonight. Burt Allen would like to subdivide off 2.5 acres from the existing lot 15.5 acres. The lot will be surveyed and have perk tests done first before having the sketch planned warned. Neil was coming before the PC board tonight to get an idea if this project would meet preliminary approval before proceeding further with the plan.
There is plenty of road frontage, the proposed 2.5 is located in an RA2 area, leaving the remained acreage in the highway commercial. It was also indicated that this would be a minor subdivision.
Neil Allen will come back to the PC when he is ready to warn this subdivision.
1. e) James McGrath wishes to subdivide his commercial project on Route 7.
James McGrath spoke to this and he would like to subdivide a highway commercial property on Route 7 into two lots. Lot 1 would be residential with excess off of Campground Road and would be 5 acres. Lot 2 would also be 5.1 acres and still stay highway commercial with access off Route 7 through the existing driveway.
Allen Karnatz indicated that the area is located in 1 acre zoning so two 5 acres lots do not need to be created. Discussion commenced regarding the property line layout. An alternative configuration was suggested that made better use of the property.
Allen Karnatz indicated that James McGrath would need two approvals. One from the Zoning Board of Adjustment (ZBA) to get conditional use approval to put a house (residence) in a highway commercial zone and one from the PC for a subdivision. Prior to warning this for a minor subdivision, the Mylar needs to show the primary and replacement septic systems, proposed house site location and proposed well location. This Mylar would need to be given to Cris Messerly by June 20th to meet the deadline for the July PC meeting.
Tom Boise made the motion to approve this sketch plan as a minor subdivision and warn for the July 2006 meeting.
Jim Walsh seconded.
Discussion - none
Vote Yes – 4 No – 0 Abstention – 0
Motion carries
1, d) Steve Dupoise proposes to build an additional storage building on his Route 7 property and presented a sketch plan.
Allen Karnatz asked if the PC wanted to warn this site plan review for the next PC meeting in July. This site plan could not be approved earlier, because the property was not zoned commercial. The Select Board public hearing is scheduled for June 27th, at this hearing the Select Board can approve any minor changes at the hearing or they can decide to have a special vote to approve changes. The PC could assume the Select Board would approve the changes at the public hearing. Allen Karnatz read from Chapter 117…a by-law, amendment or appeal shall be adopted by the majority of the legislative body after the public meeting and shall be effective 21 days after the adoption. There is an appeal period for 20 days after the adoption.
Tom Boise proposed the PC elect to do a special meeting immediately after the Select Board’s ruling on the Zoning By-laws, June 27th.
Donald Johnston made the motion to warn the site plan for the July 2006 meeting.
Tom Boise seconded
Discussion – none
Vote; yes – 4 No – 0 Abstention – 0
Motion carries
Steve Dupoise indicated the new building will look the same as the current building; the lighting will be the same as what is there now.
Discussion commenced on the appeals time period(s) do they run simultaneously or would one appeal need to run out before the 2nd appeal begins? Cris Messerle will research this ruling with the State.
5. Old Business
5. a) Michael Dunbar’s D/B/A Middlebury Fence Company, petition for Commercial Zone.
Cris Messerle explained that Michael Dunbar has filed a petition the petition to change the town plan and zoning. The petition proposes to change along Route 7 north to opposite Maplefields. There would be a line that would divide properties in the area the Route 7 side would be zoned commercial and the Dog Team Road side will stay residential. .With the filing of this petition the PC will need to write a report addressing it, and submit the written report to the Select Board for their ruling.
John Madden asked if the sufficient number of signatures were on the petition. Cris said yes, and the Town Clerk has verified the signatures.
Allen Karnatz indicated that the PC needs to met and write up a report addressing this petition, hold a public hearing and then submit the written report to the Select Board. Allen Karnatz asked Michael Dunbar to submit a map showing the proposed changes this would help the PC in writing up their report. Also if Michael Dunbar has letters from the abutting neighbors, indicating their acceptance of this petition, these would also be helpful.
Cris Messerle indicated if this would be the first amendment to the new Town Plan and Zoning By-laws (assuming the Select Board adopts the new zoning on June 27, 2006.
Donald Johnson indicated that he would begin writing the report and the PC would schedule the public hearing on July 20th to warn the petition changes to the Town Plan.
5. b) Tom and Tracy Jerome presented a new sketch plan for their property on Route 7. The new plan is for 2 lots, not 3 lots as previously presented last month. There are no plans to develop the new lot at this time. Allen Karnatz indicated that the surveyor will need to show the house and building location, show the existing septic and where the replacement septic will be located. Tracy indicated that the well is a shared well with the house across the road.
Donald Johnston made the motion to warn this minor subdivision for the July 2006 meeting.
Tom Boise seconded
Vote: Yes – 4 No – 0 Abstention – 0
Motion carries.
5. c) ZA report on Town legal opinion in reference to VTRR.
Cris Messerle indicated the Town’s attorney Jim Ouimette is sending a letter to the VTRR attorney. The letter indicates Jim Ouimette is in agreement with the PC and the question that the VTRR has blanketed exemptions are wrong. Jim Ouimette indicates in the letter that the VTRR should meet with the PC to discuss the issues so a site plan can be generated with VTRR,
Tom Boise asked if the site plans would be with the VTRR, or for each tenant at the site. Cris Messerle explained that it would be a site plan for each individual tenant.
Donald Johnston indicated that Jim Ouimette makes it very clear what needs to be done in the letter. Tom Boise suggested that the PC take a wait and see approach, see what VTRR response would be to Jim Ouimette’s letter.
5. d) ZA report on Hilltop RV site.
Cris Messerle spoke to the owners of Hilltop RV concerning the conditions that the PC indicated needed to be met at the time PC granted site approval (landscaping, curb islands, etc.) It was discussed tonight the PC knew that the curb islands were to be installed by the State at their convenience. Allen Karnatz indicated that Hilltop RV has until end of July 2006 to install landscaping.
Tom Boise indicated that the PC approved a site plan with a set number of parking spots. He feels Hilltop RV has exceeded this number. And if the site plan was approved showing a set number of parking spots, then the site plan should be enforced.
Allen Karnatz asked Cris Messerle to check with AOT to find out when or if, they have the curb island installation planned.
Allen Karnatz indicated that the PC does not have an enforcement role. It is up to the Select Board to do the enforcement. Donald Johnston asked why the PC is discussing enforcement issues when it is up the Select Board to do the enforcement. Cris Messerle indicated that he was not on board as the ZA during many of the meetings with Hilltop RV and he was hoping the board would be able to enlighten him. It was decided that Cris would need to go back into the PC minutes and see if the information he is seeking is there. Allen Karnatz indicated that Cris Messerle is the enforcer.
5. e) ZA report on subdivision road construction.
Cris asked when a right of way and/or road cut are installed for a subdivision the work should meet town specs. Cris went on to explain Tom Crellie; owner of River’s Bend Campground had a right of way across some private land. His deed indicates that he is to maintain the road (i.e., plowing, etc.) at that time it was a right of way through a field. This land has since been subdivide and only one lot as been sold so far. Tom now wants to ask for assistance in maintaining a portion of the road.
Cris Messerle asked that if a subdivision was approved it is assumed that a road would be put in to meet town specifications. If there is further development along this road, is there any recourse if the road is not installed to specs. Allen Karnatz indicated that that is the time to imply the road must meet design standards.
Visitors Business (con’t)
1. c) Bill Schafer wishes to discuss his parking changes.
Cris Messerle indicated that Bill Schafer will be selling is property on Route 7.
4. New Business
Allen Karnatz mentioned that at the end of the PC public hearing on Zoning Regulations it was mentioned that Dyno-Noble property should be changed to industrial to reflect the Town voted in 1990. Tim Bouton indicated back in 1990, 2 petitions were passed regarding this property. Dyno-Nobel is willing to give up the rezoning of industrial as long as the use (conditional use for dynamite storage) is an allowable use in the RA-10 district and forest districts (RA-25). These are the districts that Dyno-Nobel is in. Tim Bouton explained that this wording more closely follows the Town Plan as voted on in 1990.
There was considerable discussion regarding the pros and cons of this proposal and what does the PC recommend to the Select Board. Allen Karnatz indicated that he prefers this solution over changing the zoning to make this property industrial. Jim Walsh expressed his concern that conditional use in more zones was not what should be done. Federal and State setbacks in many areas cannot be met so the conditional use is in fact moot in many areas. The town voted and passed this as an industrial area and it meets federal and state regulations. Jim Walsh further stated his concern that the PC was proposing changing zoning in an area that neither the Company nor the manager, Pat Paqutte, were present to confirm or deny. Tim Bouton made the statement the Corp. was ok with this change. Jim Walsh would like a letter for legal reasons on this statement from Corp. Donald Johnston indicated that the intent tonight should show as closely as possible what the Town voted on in the past. John Madden asked what would prevent someone asking for an explosive conditional use on any RA-10 property. Tim Bouton explained that there is a 700 foot circumference buffer that needs to be maintained.
Allen Karnatz made the motion that the PC is in favor of recommending to the Select Board a conditional use change for the Dyno-Nobel property.
Donald Johnston seconded
Vote: Yes – 4 No – 0 Abstention – 0
Motion carries
2. Review of May, 2006 minutes.
Tom Boise made the motion to accept the PC May 4, 2006, minutes as presented.
Jim Walsh seconded
Discussion –none
Vote: Yes – 4 No -0 Abstention – 0
Motion carries
Allen Karnatz made the motion to accept the public hearing (May 15, 2006, minutes as presented.
Tom Boise seconded
Discussion – none
Vote: Yes – 4 No- 0 Abstention – 0
Motion carries
3. Correspondence
Tom Boise made the motion to adjourn
Allen Karnatz seconded
Discussion – none
Vote Yes – 4 No – 0 Abstention – 0
Motion carries
Meeting adjourned at 10:30PM
Respectfully submitted
Karen Gallott